History- Terminology 1974separate representative 1995 child’s representative 2006 independent children’s lawyer

History Family Court Lead evidence Cross examine Make submissions Ensure child’s wishes are put Be involved in negotiations

History Chief Justice To ensure that all matters and witnesses relevant to the child’s welfare are before the court and to assist the court reaching a decision that is in the child’s best interests

History- NLA requirements 5 years practice Specialist in family law Attendance at National Training Course Specific ongoing ICL training

History- NLA Guidelines and-papers/

History-section 68LA FLA Form an independent view Act in the child’s best interests Make submissions Act impartially Ensure child’s views are put Analyse any report Minimise trauma to the child facilitate an agreed resolution

History- UNCROC The right to express views freely The right to be heard in proceedings

Research Report on ICLs’ Survey (Family Law Courts- November 2012) ICLs Study (AIFS- May 2013) Talking with Young Children and Young People about Participation in Family Court proceedings (ACT Children and Young People Commissioner- August 2013)

The Three Dimensions Facilitating the participation of the child in the proceedings Evidence gathering Litigation management

Effective practice proactive not pre-judging outcome consulting with children/young people to extent directed by best interests of individual child in particular circumstances of their case applying independent analysis to expert reports

Concerns Adequacy of accreditation, training and professional development arrangements Dealing directly with children Matters involving family violence and child abuse

Concerns Current funding arrangements place constraints on level of service ICLs can provide – private practitioners view much of work as pro bono Performance of some ICLs falls short of required standard, primarily in terms of acting independently, impartially and with professional rigour

Stakeholders and expectations Judicial officers Parents Children Non-ICL lawyers Non-legal professionals LACs

Stakeholders and expectations Child focus rather than parental focus in proceedings Evidence gathering, including of children’s views Negotiating agreements in children’s best interests Forensic issues about family violence and child abuse

Stakeholders and expectations Risk assessment Direct contact with children Direct contact with parents Support participation of children

Stakeholders and expectations Provide information about role of ICL and family law system Shielding children from parental conflict Protecting children from systems abuse Identification and briefing of appropriate experts

Responses Review of fee scales and allowances within limited budgets and increasing demand National ICL stakeholder meetings Jurisdiction stakeholder forums Review of mechanisms for selection of ICLs

Responses Requirements for ongoing CPD/CLE Ongoing training opportunities for ICLs Jurisdictional Inaugural National ICL training day Development of ICL checklist of essential elements of ICL engagement and case management – based on National Guidelines for ICLs 2013

Responses Review of correspondence and materials for parents and children National brochures National logo

Responses Development of national ICL website Resources Training activities Participation in review of information sharing protocols between the family law courts and child protection authorities

Improved practice Consistency of appointment requirements for ICL panels Facilitating appropriate participation of children Ongoing training

Improved practice System wide acknowledgement of responsibility for ICL quality Better identifying what children and parents can expect from an ICL

What NLA wants to achieve Competent ICLs contributing to better outcomes for children in complex family law proceedings

Questions