As an ICL, Rebecca can be appointed by the court to represent and promote the best interests of the child or children in a particular case. She can be appointed upon the application of a child, an organisation or person concerned with the welfare of a child (such as a parent or grandparent, or the Department of Health and Human Services) or at the discretion of the court.
Rebecca will consider the child’s or children’s views, but nonetheless provide an independent view as to what is going to be in their best interests.
She can facilitate evidence being provided to the court (including in the form of reports prepared by expert witnesses such as family consultants, child psychologists and/or psychiatrists), conduct her own investigations, seek orders regarding care arrangements and otherwise act in a manner which she thinks will progress settlement negotiations or a resolution to the matter that is in the child or children’s best interests.
Rebecca is also able to facilitate participation by the child or children in proceedings if appropriate.
Why are independent children’s lawyers appointed?
ICLs are often appointed if there is a high degree of conflict between parties or if there are allegations of family violence, child abuse or neglect.
They can also be appointed to provide an independent view. The court is often faced with ‘he said, she said’ situations where it can be difficult to determine an appropriate course forwards – who does the court believe, mum or dad?
An ICL is a neutral third party whose role is to ensure that the focus remains on the child’s best interests. Having an ICL support the orders you are seeking in court can make all the difference in complex or unclear cases where the solution might not be immediately obvious.
Contact Culshaw Miller Badenoch Lawyers today to book an initial consultation or make a general enquiry. Rebecca Badenoch is well-equipped as a qualified independent children’s lawyer to assist you with all of your ICL needs.