Family Court Rules 2021

A party may apply for the appointment or removal of an independent children’s lawyer by filing an application in a case.

If the court makes an order for the appointment of an independent children’s lawyer —

it may request that the representation be arranged by the Legal Aid Commission of Western Australia; and

it may order that the costs of the independent children’s lawyer be met by a party.

A person appointed as an independent children’s lawyer —

must file a notice of address for service; and

must comply with these rules and do anything required to be done by a party; and

may do anything permitted by these rules to be done by a party.

If an independent children’s lawyer is appointed, the parties must conduct the case as if the independent children’s lawyer were a party.

The appointment of an independent children’s lawyer ceases —

when the parenting case is determined or withdrawn; or

if there is an appeal, when the appeal is determined or withdrawn; or

upon the court discharging the independent children’s lawyer.