Independent Children’s Lawyers Melbourne
Compassionate Support
Experience You Can Trust
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Supporting children’s best interests in complex family law matters.
Addressing family law matters involving children can be stressful, with emotional pressures running high for everyone involved. At Testart, our Independent Children’s Lawyers provide guidance and support that prioritises your child’s wellbeing, ensuring your child’s voice is heard and their best interests are represented. We focus on resolving matters with compassion and integrity, keeping matters out of court wherever possible.
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Compassionate & practical support during family law proceedings.
An Independent Children’s Lawyer (ICL) is an experienced family lawyer appointed by the Federal Circuit and Family Court of Australia to represent your child’s best interests in family law proceedings, including during mediation and court proceedings if not resolved prior.
They act independently from parents and provide clear, practical guidance to the court. An ICL reviews evidence, considers your child’s views where appropriate, and helps ensure decisions about parenting arrangements, care, and relocation are legally sound, fair and focused on the child’s wellbeing throughout the process.
Appointing an ICL in Australian family law proceedings.
Independent Children’s Lawyers (ICLs) are appointed by the court when a child’s welfare requires impartial legal representation. Typically, this occurs in complex parenting disputes or where a child’s safety or wellbeing is a concern. Parents cannot choose their child’s ICL.
ICLs work closely with families, legal representatives, and expert professionals to fully understand the child’s needs, may request or review Family Reports, and guide the process with sensitivity and integrity while helping the court reach outcomes that prioritise the child’s welfare.
Areas of Practice
Family Law
De Facto Couples
Children & Custody
Binding Financial Agreements
Property Settlement
Family Violence
Intervention Orders
Same Sex Divorce
Expert guidance with care and understanding
We recognise that family law matters can be stressful and emotionally challenging. Our experienced team approaches every case with sensitivity, providing clear advice and practical support.
You can trust us to guide you through the process with professionalism and empathy, helping you make informed decisions that protect your interests and support the wellbeing of your family.
How To Work With Testart Family Lawyers For Complex Parenting Matters
Working with an ICL involves providing relevant information and cooperating throughout the process. Their role is to guide the court with expert, child-focused recommendations, helping achieve outcomes that prioritise your child’s wellbeing.
Marc Testart, our Principal, is a former barrister and highly experienced family lawyer, and well placed to assist in resolving matters through cooperation with third parties such as Independent Children’s Lawyers (ICLs), ensuring a balanced and child-focused approach. Our family law team assists parents to work collaboratively with the court’s chosen ICL, focusing on the best possible outcome for all involved.
Step 1: Book a Free Introductory Session
Book in your Free Introductory Session. We get to know you and your story.
Step 2: Book a Strategy Session
Sit down with one of our expert family lawyers and we’ll design a specific case plan tailored to your individual needs.
Step 3: Engage Us As Your Guide
We provide an assessment of your legal position and a clear strategy to move forward.
Book a Free Introductory Session
Let Testart Lawyers support you through this challenging time. Get in touch today to book a Free Introductory Session.
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Address
Level 3, 489 Toorak Road
Toorak VIC 3142
Open Hours - By Appointment
Mon - Fri: 9am - 5pm
Closed Sat - Sun
Frequently Asked Questions
How is an Independent Children’s Lawyer (ICL) appointed in Australia?
An Independent Children’s Lawyer (ICL) is appointed by the Federal Circuit and Family Court of Australia under the Family Law Act 1975. The court may make this appointment on its own initiative or upon application by a party.
When is an ICL needed?
An ICL is appointed in the following circumstances:
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When circumstances exist that raise concerns about a child’s welfare, including abuse, neglect or high-conflict parental disputes
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To assist the court in complex parenting proceedings
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To provide independent advice focused on the child’s best interests
The court appoints an ICL to ultimately provide independent advice focused on the child’s best interests.
Can parents choose their own ICL if they agree?
No. Even if both parents agree, they cannot choose their own ICL. The appointment is made by the court to ensure independence and impartiality. The ICL’s role is to represent the child’s best interests, not either the parent or the other party in the proceedings.
What role does an ICL play in mediation and court?
During the mediation process and court proceedings, the ICL assists the judge or mediator by presenting evidence, reviewing documents (such as psychological records, school reports, or other relevant information), and gathering helpful information from school teachers, psychologists, and other professionals. They consider the views expressed by the child and ensure those views are explained clearly during the mediation or court process.
Are ICLs only hired in family law matters or also in child protection matters?
ICLs are appointed under the Family Law Act for parenting proceedings and also in certain child protection matters. In Victoria, they may be involved when child safety concerns exist and the matter moves from the Department of Families, Fairness and Housing to the Federal Circuit or Family Court.
Who pays for ICLs in Victoria?
In most cases, some or all of an ICL’s costs are covered by Victoria Legal Aid. Depending on the parents’ financial circumstances, a contribution is often required. The court may order parents to pay part of the ICL’s costs if they have sufficient financial resources to do so.
At what age can a child be represented by an ICL?
There is no set age limit under the Family Law Act. An ICL may represent young people of any age when the court believes it is necessary. The ICL helps the court understand the child’s views and ensures decisions about who they spend time with are in their best interests.
Will all of our children have the same ICL if our matter requires one?
Generally, yes. When siblings are involved in the same parenting proceedings, one ICL usually represents all children. However, if there is significant conflict or different issues for each child, the court may appoint separate ICLs to ensure each child’s circumstances are fully and fairly represented.