Independent Children’s Lawyers and Child-Focused Family Law: What the Chief Justice Said

Smiling girl holding a teddy bear in a solicitor’s office, with a lawyer and two adults seated at a table behind her, representing the role of an independent children’s lawyer in parenting matters

An independent children’s lawyer (ICL) makes sure a child’s circumstances, experiences and views are put before the court in a parenting matter. On 20 October 2026, Chief Justice William Alstergren AO of the Federal Circuit and Family Court of Australia (FCFCOA) spoke about that role when he opened the Sixth National Independent Children’s Lawyer Conference in Hobart.

No new laws or court rules were announced. But the speech sets out how the Courts approach children in separated families, and what is available to them. Here is a summary of what was reported.

What does an independent children’s lawyer do?

Where an ICL is appointed in a parenting matter, they meet with the child unless that is not appropriate. They then independently propose arrangements that prioritise the child’s best interests. They do not act for either parent.

The ICL works alongside the Court Children’s Service, which is made up of psychologists and social workers. They support judicial officers with expertise on the needs of children in separated families.

Children as individuals

The Chief Justice said children must always be at the centre of decision-making. He said children are individuals with their own experiences, relationships and views, which may differ from those of either parent, and that children who witness or experience family violence must be identified as victims in their own right.

He described a just family law system as one that resolves disputes safely and fairly, with proper regard for the dignity, rights and circumstances of every child affected. ICLs, he said, help the Courts meet that standard, and he acknowledged there is still work to do.

The conference was hosted by National Legal Aid and focused on domestic and family violence practice and trauma-informed engagement with children.

Kids’ Corner: explaining court to children

One initiative the Chief Justice highlighted was Kids’ Corner, which the Courts launched in October 2025. It is a section of the Courts’ website that uses animated videos and age-appropriate language to explain family change, unfamiliar words and court processes. It was developed in consultation with children and designed for an average audience age of seven.

The Chief Justice said Kids’ Corner can help an ICL explain unfamiliar words, feelings, and the people and processes a child may meet along the way. The Courts also introduced a Children’s Charter at the same time, which sets out their commitment to putting children at the centre of decisions that affect them.

Other Courts initiatives and figures

The Chief Justice also named the National Court Dog Program, the Lighthouse risk screening program and specialist services for First Nations families. The report did not describe how these work. Figures from the 2025-26 reporting year included:

  • 4,153 Child Impact Reports and 2,817 Final Hearing Reports delivered by the Court Children’s Service
  • 1,312 Parenting Dispute Resolution Conferences involving a Court Child Expert
  • 35,262 parties who completed a Lighthouse risk screen, with 60% classified as high risk
  • eight facility dogs, which interacted with 1,086 children and supported 1,790 parties across 1,177 court hearings
What this means if you are going through a parenting matter

If you are separating and have questions about parenting orders, it helps to know the Courts have resources made for children as well as adults. Kids’ Corner may be a useful starting point if your child is old enough to ask what is happening. Processes can change, so it is worth checking the FCFCOA website for current information.

If an ICL is appointed in your matter, you may wonder what that means for you and your child. Speaking with a lawyer early can help you understand the process and what to expect.

This article is general information only and is not legal advice. Please speak with a lawyer about your own circumstances.

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