WA Family Court - What will Happen at Interim Hearing?
- Thread starter Hoang Trang
- Start date
Hi Marty, no ICL as yet. My lawyer said my children are only 3.5years old and too young for one?
Where there are concerns raised about the children by a parent, such as welfare issues etc (even if unproven/untested), sometimes the Judge makes a determination that it would be best for an ICL to be appointed. Sometimes a lawyer of a party (or party themself if not represented) will even seek for this appointment to be made. Even when a child is under the age of 4.
However, as your lawyer has all of the facts of the case, unlike me, I will not dispute his/her advice given to you about this.
As an aside, it can actually be cost saving for a party if an ICL is appointed in that the parties themselves do not need to issue the subpoenas et al
However, as your lawyer has all of the facts of the case, unlike me, I will not dispute his/her advice given to you about this.
As an aside, it can actually be cost saving for a party if an ICL is appointed in that the parties themselves do not need to issue the subpoenas et al
The Single Expert Witness interviews the parties, observes interactions between children and parents et al and writes a report making recommendations to the Court.
The Independent Children's Lawyers role is a bit more involved given that they remain throughout the duration of the case (from the time of their appointment to discharge, the latter usually being at the finalisation of the orders/case).
ICL's take on a partially 'administrative' role (although some will meet the child/ren). Some of the roles they are meant to undertake (not all are created equal, as like all occupations/professions) are to assist the court by ensuring all substantive matters are before the court, try to assist parties to reach agreements, ensure parents (parties) remain focused in their decisions on the best interests of the child/ren, offer an impartial view of the case, ensure additional information is before the court (where needed) to name a few.
They are a third party to the case, so will also make submissions et al
Like the SEW, the ICL does not decide the matter, the Judge does, but both can bring more clarity of the issues in dispute and also assist the Court with additional, impartial, views/information.
The Independent Children's Lawyers role is a bit more involved given that they remain throughout the duration of the case (from the time of their appointment to discharge, the latter usually being at the finalisation of the orders/case).
ICL's take on a partially 'administrative' role (although some will meet the child/ren). Some of the roles they are meant to undertake (not all are created equal, as like all occupations/professions) are to assist the court by ensuring all substantive matters are before the court, try to assist parties to reach agreements, ensure parents (parties) remain focused in their decisions on the best interests of the child/ren, offer an impartial view of the case, ensure additional information is before the court (where needed) to name a few.
They are a third party to the case, so will also make submissions et al
Like the SEW, the ICL does not decide the matter, the Judge does, but both can bring more clarity of the issues in dispute and also assist the Court with additional, impartial, views/information.
Great info. Was Googling before to read up on it. I think maybe the other party has not consented to a SEW but rather will request the appointment of a ICL?
Who's opinion has greater weight in the court?
Can both a SEW and a ICL be appointed?
Would the party making allegations usually request this first? I know if I had genuine concerns about my children then this is something I would pursue without hesitation.
Who's opinion has greater weight in the court?
Can both a SEW and a ICL be appointed?
Would the party making allegations usually request this first? I know if I had genuine concerns about my children then this is something I would pursue without hesitation.
This could be possible Hoang but it could also be that they want to delay response until the next Court date, or some other reason?
Hoang Trang said:
I cannot answer this with any certainty, as the only person who can determine the weight to be given to either (or sometimes none) is the Judge.
Both the SEW and ICL have different roles to play in a case. Their views /recommendations come from very different areas of expertise. One is trained in social work or psychology (usually) while the other is a specialist Family Law lawyer.
Hoang Trang said:
Yes, both can be appointed.
Hoang Trang said:
This really depends on the issues before the Court, the lawyers of the parties (whether they think the appointment of an ICL is necessary) and/or also the limited experience/knowledge (possibly) of a party if that party is an SRL (whether they would even know this was an option).
Sometimes the Judge will take it upon themselves to appoint an ICL and the ICL will request orders for a Family Report. Sometimes the Judge will not. There is nothing set in stone here.
Yes, sorry, force if habit
The Judge in a court order would usually refer to an SRL as a 'litigant in person'.
A
Can the other party object to a SEW? I have a feeling this is what's going to happen at the hearing. You would have to submit some pretty good reasons?
Yes, sorry, force if habit
The Judge in a court order would usually refer to an SRL as a 'litigant in person'.
Can the other party object to a SEW? I have a feeling this is what's going to happen at the hearing. You would have to submit some pretty good reasons?
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