Meet Emily Ostler, Independent Children’s Lawyer
What do you, as an Independent Children’s Lawyer, do?
On a very technical definition of the role, I advocate for the best interests of children in family law proceedings. This involves reviewing Court documents, expert reports and subpoena materials, meet with children and attend mentions, mediations and interim and final hearings. In practice, it’s so much more than that.
I spend hours with children, playing with them, colouring in with them, hanging out with them, and most importantly talking to them and listening to them. I develop bonds and relationships with them and make them feel heard, understood and supported. I spend hours and hours reading Court documents, subpoena materials and expert reports, to understand all the issues in the matter, identify all potential risks to the children and determine which arrangements are likely to be in the children’s best interests and ensure their safety. I form views about matters early in the proceedings, and I make those views known to the Court, to help parties try to reach an agreement and to make sure the Court is aware of all the issues for the children.
I help mediators and Registrars acting in a mediator’s role to explore settlement options. Often in Court I am the only person seeking certain Orders for children. Sometimes these Orders can include for DCJ to intervene, for the children to live with someone other than a parent and sometimes for children to be removed from their primary carer.
I have gone above and beyond, including calling anyone and everyone from the Police, to DCJ, to the school, to a hotel where a child and father were last known to be to ensure children are safe. I’ve sat by the phone until midnight on a Friday night, waiting for the Police to call and tell me a child I represent is safe. A good ICL doesn’t let their head hit the pillow at night until they know the children they represent have somewhere safe to rest their heads that night.
Why is this role important?
Children can’t speak for themselves in Court. They never get to meet the Judge who gets to decide their whole future. They don’t get to tell the Judge what they do every hour of every day, of every week, yet those things get decided for them. The parents get a say in what forever looks like, but without ICLs the children don’t. Yet they are the ones that forever matters the most to. It’s important to be a strong voice for those who can’t use their own, because forever is really a long time.
Why have you chosen to be an ICL?
I chose to be a lawyer to be a family lawyer. I chose to be a family lawyer to help children. I knew at 13 this is what I would do. Being a family lawyer is hard, but I do it because if I can make a positive difference to one child’s life, then it’s all worth it.
Can you give an example from your own personal experience of the impact ICLs can have?
“Thank you so much for everything, you’ve been great, so just, thank you so much.” These are the words a child said to me recently when I explained the Court had made Final Orders that he was happy with. He knew I had listened to him, gotten to know him, and explained his views and feelings to the Court. The Court had taken his views into account and the final outcome was one that made his life better than it was when I first met him.
What are the biggest challenges you think currently face ICLs in Australia?
With the recent legislative reforms in family law, the Court is relying now more than ever on ICLs. More work is required of ICLs in regards to preparation for hearings, and more steps have to be taken by ICLs. The reforms have lead to more documents being filed, more Court events occurring and more work in general needing to be done. Increases in legal aid funding have not kept up with these increasing demands and workloads. Due to these increased workloads, but not equivocally increased funding rates, more and more ICLs are walking away from the role.
This means that those of us who remain have to take on more and more matters. I receive at least one ICL offer of work from Legal Aid every day. I know ICLs who have in excess of 70 ICL files at any one time. The recently announced funding cuts by Legal Aid NSW are by far the most significant difficulties facing ICLs, but more concerningly facing children. Countless children will be left without ICLs at final hearings. The ICL is the voice for the child. Without ICLs the child’s voice will be removed from the hearing that decides their whole future.
Last Updated on 02/06/2026
Share
Tags
Most recent items
Law Council
Meet Kasey Stewart, Independent Children’s Lawyer
Law Council
Meet Tammy White, Independent Children’s Lawyer
Law Council