Meet Ian Field, Independent Children's Lawyer
What do you, as an Independent Children’s Lawyer, do?
I represent the best interests of children who are the subject of proceedings in the family court. I try to assist the Court and the parents and any other parties to the proceedings to make the best possible decisions for the children, and try to ensure that the best interests of the children remain at the forefront of everyone’s mind. For older children I try to ensure that their voices are heard within the process. Where possible I try to help parents reach a reasonable compromise that is in the best interests of the children.
Why is this role important?
I think this role is fundamentally important because if the decisions that get made about children are not the right decisions, that can have catastrophic consequences for the children. If we get the decisions right, we can make a real difference to those children, and give them the best possible chance of enjoying their childhood, and becoming the best possible version of themselves as adults.
It is far too commonly the case that the adults involved family court proceedings become self-focussed, perhaps for understandable reasons, but without an Independent Children’s Lawyer involved the Court is deprived of that vital assistance in making the best possible decision – and the children are worse off as a consequence.
Why have you chosen to be an ICL?
I chose to be an ICL because I think ICLs can make a positive difference to the outcome in Family Court cases, and give children whose parents are involved in these proceedings the best possible chance of an outcome that will do the least harm to the children. The children didn’t ask for their parents to separate, and they deserve a system that puts their interests first.
Can you give an example from your own personal experience of the impact ICLs can have?
I have had a lot of trials that we have managed to settle by consent, and I have had a significant part in persuading parents to reach a compromise. When that happens the chances of the agreement being an enduring one, and for the children to have parents who can find a more constructive relationship after the court proceedings have finished is much higher.
Apart from that, probably the cases where the Court has been persuaded to make orders that reverse the arrangements for a child, and remove them from the care of a parent where I believe they are at risk, and in which I have played a part in that decision, are probably the ones that stand out.
What are the biggest challenges you think currently face ICLs in Australia?
The law in this area is complicated, the complexity of the matters that we are asked to be involved with seems to be ever increasing. We deal with families in which drug and alcohol misuse can be a feature, in which allegations of domestic violence regularly arise, in which mental ill health seems to be more and more prevalent.
At the same time there are very limited resources available to us, it is increasingly difficult to respond to the demands on ICLs because we just don’t have the resources available. That is both in terms of how much ICLs are paid – if we want the best lawyers to be ICLs, and we should because arguably they are undertaking the most important and difficult job in the Court room apart from the Judge – we need to pay them properly.
The fees payable to ICLs for the work they do have fallen so far behind that they are often the least well paid lawyer in the Court room by a large margin. The consequence is that fewer and fewer people are able to undertake the work. If we value the welfare of the children in this country we should make sure that the people we entrust to care for it are the best we can provide.
This is also about the wider resources that are available – for instance if the Court would be assisted by the parents undertaking a drug test, we should have funds available to pay for a drug test. We don’t. If we need a psychiatric assessment of a parent, the fees payable to get that assessment should be sufficient that a number of psychiatrists are willing to do them so we don’t have to wait months and months for a report. Same for family report writers. This is not the case.
There are very few psychiatrists willing to provide reports to the family court in South East Qld and consequently the wait times for these reports are months. It is similar for family reports. This contributes to the significant delay that families in this system experience.
We also need enough Judges so that families are not waiting for such a long time for a trial. It is not fair on the parties, but it is especially unfair on children to have to wait for sometimes more than two years for a decision. Every day of a childhood is a day that a child will never get back.
Last Updated on 06/05/2026