Independent Children's Lawyers Study

Independent Children's Lawyers Study

Final report

Rae Kaspiew, Rachel Carson, Sharnee Moore, John De Maio, Julie Deblaquiere and Briony Horsfall

Commissioned report— June 2014

A report commissioned by the Attorney-General's Department  to examine the use of Independent Children's Lawyers (ICLs) in the family law system.

This report examines the role and efficacy of Independent Children's Lawyers (ICLs) in the family law system in Australia. In particular, it investigates whether the involvement of these lawyers improves the outcomes of children. Independent Children's Lawyers are appointed in some parenting cases in family law proceedings, such as cases of relocation or alleged abuse. Their role is to advocate for the best interests of the child, rather than acting as their direct legal representative. The use of these lawyers is an important measure in fulfilling Australia's obligations under the United Nations Convention on the Rights of Child, which recognises the right of children to participate in proceedings relevant to their care and to make their views known in judicial and administrative proceedings affecting them. This evaluation study involved interviews with 528 legal and non-legal professionals as well as parents and children and young people.

This report was authored by AIFS staff and published by the Attorney-General's Department

Read Independent Children's Lawyers Study: Final report

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