An Independent Children’s Lawyer is appointed at the discretion of the Court and in circumstances where there may be:
- allegations of abuse or neglect;
- intractable conflicts between the parties;
- assertions as to the views or expressed wishes of the children, having regard to their ages and maturity;
- mental health issues;
- allegations of family violence;
- difficult and complex issues.
The Independent Children’s Lawyer’s role is to gather evidence to formulate a position to recommend to the Court what parenting arrangements a Court should consider. There are guidelines as to how an Independent Children’s Lawyer should act in the conduct of their role which usually means:
- meeting with the children;
- speaking with the children’s counsellors, school teachers, doctors or other treatment providers;
- obtaining information under subpoena from various entities including police and welfare authorities;
- obtaining expert reports to assist the Court in determining what is in the best interest of the children.
It is important that lawyers understand the role of the Independent Children’s Lawyer. Michael Tiyce has been an Independent Children’s Lawyer for well over 15 years and is recognised by Doyle’s Guide 2018 as a recommended parenting and children’s matters lawyer in NSW.
If you have a parenting matter, please contact Michael or one of our specialist family lawyers.
