Impartiality of Independent Children’s Lawyer in question
In nearly every case, at least one litigant feels that the “ICL” is “biased” against them. While this feeling is understandable, it is rare that an ICL is actually “biased”, as highlighted in a recent case:
“The second question concerned the removal of the Independent Children’s Lawyer. All of this stemmed from the father’s complaint that the outline of argument by the Independent Children’s Lawyer was biased against him and that he had not acted fairly as between the parents. I pointed out to the father the relevant sections (68L and 68LA) of the Family Law Act and invited him to show me what supported his contention. There is no doubt language used by the Independent Children’s Lawyer which was infelicitous. He was critical of the father in a number of ways but those are all matters open to debate and as I observed, the court makes the decision on the evidence in the end and not the arguments. Counsel for the Independent Children’s Lawyer agreed with my synopsis above and distanced herself from some of the remarks which I agree could only be described as vitriol. They were unnecessary but probably better dealt with by the appropriate body that accredits appointments.
I agree with counsel for the Independent Children’s Lawyer that perhaps things should have been worded differently but having considered the evidence of the parties as well as that of the family consultant, the views otherwise expressed were open as an argument and otherwise properly put. I can well understand why the father does not wish to hear them as they are unpalatable but they are within the responsibilities of such a lawyer. The father pointed to a discussion he had had with his children in which they decried the activities of the Independent Children’s Lawyer. If that is so, the father would no doubt have told them that he would have their views about the substantive proceedings conveyed in some different way. The difficulty is that the Independent Children’s Lawyer is not bound by any instructions and ultimately responsible to the Court to make submissions which he or she considers to be in the best interests of the children. That seems to be what has happened here and accordingly the father’s application must fail.”
Family Lawyers Sunshine Coast
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Maroochydore / Noosa / Kawana / Brisbane