Meet Emma Mason, Independent Children’s Lawyer
What do you, as an Independent Children’s Lawyer, do?
Because in the court of law about children their voices and their needs should be front of mind of Judges, lawyers and parents. It means you can make real change in children’s lives.
Why is this role important?
Section 68LA says the court must consider children’s views in decision that impact their lives — so whilst adults make the decisions, their views and wishes are heard in an important way. It is one of the six matters to be considered when the Court makes a parenting order.
Why have you chosen to be an ICL?
For 17 years I have worked in this area. It was initially about broadening my skills but became a passion project as you work to improve children’s lives – the most vulnerable of our community (whether it's due to drugs, alcohol, mental health, violence, abuse or neglect) when their home lives are falling apart.
Can you give an example from your own personal experience of the impact ICLs can have?
I had a case involving a father and a lot of mothers (3) who all had babies to this one man, they had all been exposed to very serious violence at his hands, which the children witnessed and one who was the victim of an assault. Some mothers had handed their child/ren over to him and disengaged in the court proceedings so that they could protect themselves from his threats and his violence.
In one event there was even a video of him assaulting the mum whilst she had her baby on her arms. The father had pleaded Not Guilty. One of the children told me how her family was hiding in locked car and the father was outside threatening to burn the car down. This 15-year-old told me how she was trying to get in the car so she could die with her siblings and mum, rather than stay with the father.
By issuing subpoenas and summarising the material produced under all the mum’s names and the father’s name, I was able to show the Court this pattern of intimate violence (on repeat) to make sure that the children were protected from this man. The court accepted my recommendation, and the children are now safe.
What are the biggest challenges you think currently face ICLs in Australia?
- Low pay
- High case loads
- Clashes in Court timetables and expectations of ICL to prepare documents without being paid to do so
- Requirement to meet with young children
- Trying to not be a witness in the case
- Dealing with unrepresented parents
Last Updated on 13/05/2026