QLD Role of the ICL for 1 year old

[Andreas]

Hi All

First of all, thank you in advance for any comments.

Just a follow up on previous post.
We saw a Judge today and the Judge was surprised that the Family Report allows the child at 1 year old to spend overnights at 2-3 days with the other party. The Judge ordered an ICL.

My questions:

I would like to know the role of the ICL considering that the child doest not speak yet please? (she is only 1 year old)

Any advice / recommendations are very much appreciated.

 

[Lance]

Hi Andreas,
Its unlikely they will need to speak to your child, but they will represent your child's best interests. They will interview family members, day care workers and other people who interact with your child. They can also ask for family reports as well.

 

[MartyK]

The appointment of an ICL is not strictly limited to cases where children are at an age where they can talk. Sometimes, particularly in cases where one of the parties is an SRL, the Court may decide that an ICL would be appropriate.

The ICL should ensure all information is before the court and will (should) act as a best interests advocate for the child. If the Judge as you say is concerned by the report writers recommendations, then the ICL may well seek for another report to be completed. The ICL will make their own submissions as to what they view as being in the child's best interests and these may or may not be in line with what a parent is seeking.

 

[Rod]

the child at 1 year old to spend overnights at 2-3 days with the other party.

In the absence of all the facts, this statement seems reasonable. There is or should be no gender bias at court. I see it as a positive if your baby has a father who cares for and wants to be an integral part of the baby's life.

 

[MartyK]

In the absence of all the facts, this statement seems reasonable.

I agree Rod, however, if the OP's post is taken to be correct, then it would appear the Judge does not.

 

[Rod]

it would appear the Judge does not.

Yes, noted that in the OP's post. Makes me think either more is happening than we know, or the judge is biased. I can't comment one way or the other.