The Importance of the ICL’s Role in Court Proceedings
An ICL becomes a third party to the proceedings. Whilst they do not file their own Affidavits (evidence they intend to rely on), they play a very active role throughout the proceedings. ICL’S are required to file Case Outlines and appear at all Court events and Hearings.
How Does the ICL Influence the Court’s Decision?
The views of an ICL are often highly persuasive to the Court. This is because their role is designed to be unbiased and purely based on evidence. Once appointed, no Orders can be made by consent in your parenting matter, either on an Interim or Final basis without the consent of the ICL. In the event you are also seeking Orders for the division of property, the ICL is not required to be consulted on these issues. An ICL is only required to be consulted on matters involving children and parenting.
What is the ICL’s Relationship with the Children?
The ICL will have a close relationship with your children, often speaking to them on multiple occasions throughout the proceedings. Once Final Orders are made in your matter, either via consent or via a Hearing, the ICL will explain the Orders to the children. This will give the children the opportunity to ask the ICL any questions or raise any concerns they may have.
Who Pays for the ICL’s Fees?
Whilst ICL’s are funded by Legal Aid, they may ask the parties to make some type of contribution to their fees. The ICL, like each party, is at liberty to seek a Costs Order against an unsuccessful party. If successful, this means the party whose application has been unsuccessful may have to pay the costs associated with the ICL’s involvement and appearance. This is a risk in any litigated matter. In other circumstances, it can be common for an ICL to seek an Order that both parties pay their fees equally.
Why You Should Communicate with the ICL in Your Case
Whilst the Judge will ultimately decide if the matter cannot be resolved by consent, the views of an ICL in any litigated parenting matter should be seriously considered by all parties to the proceedings. It can be difficult to advance a matter without the support of the ICL. We strongly recommend maintaining open and positive communication with the ICL throughout the duration of your litigated parenting matter.
