Family Law Blog

In family law proceedings, an Independent Children's Lawyer acts on behalf of the children. The ICL's role is to advocate for the best interests of the child (or children), although it is important to note that this does not necessarily mean that they will advocate in line with the specific viewpoints expressed by the child or children, or similarly, that they will act on specific 'instructions' provided by the child or children.

It is undeniable that exposing children to drug and alcohol use could be classified as harmful - with this concern being deemed extremely relevant within the context of the Family Court implementing Parenting Orders. The case of Hogan & Hogan provided that whilst drug use does not necessarily diminish a parent's love for a child, it does diminish a parent's ability to care for them.