QLD ICL Appointed by Court - Apply for Legal Aid?

[Blue Grass]

Hi all,

Can any one please help? An ICL was appointed by the courts in a family law matter. The case is now over but things are far from good.

If one party can't afford a private lawyer, can they go direct to the ICL with concerns relating to the children? And is the ICL appointed permanently to this case or just for that one trial?

Also I have been told that because the ICL was appointed by the court under legal aid, it is not possible to apply for legal aid as that is conflict of interest. But as the case is over and if the ICL is not a permanent appointment to the case, surely I can try for legal aid ? Hope this makes sense.

 

[AllForHer]

ICLs are not really in a position to engage in parenting matters unless proceedings are under way as it's not their duty to provide guidance in parenting decisions.

Are the orders you have final orders made following a trial in court, or orders made by consent of both parties?

 

[Blue Grass]

Orders are final. So thank you, you have answered one of the questions. So in that case does this mean I can apply for legal aid, as if it goes back to court it should not be a conflict of interest as the ICL is no longer representing our case unless the judge decides to appoint a new ICL
Thank you

 

[AllForHer]

You can apply for Legal Aid and they'll assess your application. If they decide you are ineligible, however, you can go to a Legal Aid-preferred private solicitor and apply for funding through them. You may need to pay a contribution, but it will still be cheaper than paying for the service entirely. I hope this helps.

 

[Blue Grass]

Thank you that helps a LOT. Legal things are a mine field, this is such a great service and I do thank you for your help.

 

[AllForHer]

Of course, just to clarify, I'm not making any guarantees that Legal Aid will be provided either way, but more just giving you some options. You could also consider self-representing, as well. Good luck.

 

[Blue Grass]

Yes thank you I do understand that, it was more a case of understanding where I stand with the ICL and you kindly answered that for me.