An ICL is a lawyer appointed by order of the court - usually arranged through Legal Aid - to represent and promote your children's best interests in the proceedings. Crucially, the ICL is not either parent's ally and is not simply a mouthpiece for the children's wishes. Their statutory job is to form an independent view of what arrangements are in the children's best interests, based on the evidence, and to put that view before the court - while making sure the children's views are fully put before the court too. Sometimes those align; sometimes they don't, and the ICL will tell the court both.

Expect the ICL to gather evidence the parents can't or won't: subpoenaing school, medical, police and child safety records, and arranging or reviewing a family report. Since the 2024 reforms, the ICL must meet with the child and give them an opportunity to express their views - unless the child is under 5, doesn't want to, or there are exceptional circumstances. These meetings are usually low-key and child-appropriate, not an interrogation.

The ICL participates in court events like any party: questioning witnesses, making submissions, and frequently brokering sensible interim arrangements between hearings. Many entrenched matters settle because the ICL's independent view resets both parents' expectations.

An ICL is not a threat to either parent - but they are an independent set of professional eyes, and their view carries real weight. The parent who engages constructively usually finds the ICL's involvement helps their case; the parent who fights them rarely does.

Source: Family Law Act 1975 (Cth) (Compilation No. 101, compiled 10 June 2025; the latest compilation on the Federal Register of Legislation as at 4 November 2026), ss 68L and 68LA (including s 68LA(5A)-(5B)); Federal Circuit and Family Court of Australia. The law changes from time to time, so please get advice about your own matter before relying on this general information.