Family Law: People in the court

Judicial Officer (noun): a person who has been appointed to hear cases and has the authority to decide the outcomes of cases.

 A judicial officer, such as a judge, may preside in the Family Court of Australia or the Federal Circuit Court. A judge may preside over a directions hearing or final hearing. Judges will often primarily deal with matters in which parties have filed an Initiating Application and are seeking a judicial determination.

 Registrar (noun): a court ‘lawyer’ who has been delegated power to perform certain tasks.

 A registrar’s job description is much wider than a judicial officer’s job description. Registrars will often have the delegated power to grant divorces and approve consent orders. When a matter is in court (ie. Seeking a judicial determination), registrars may hear a directions hearing and direct parties as to the next steps to take in their matter. Registrars may also run conciliation conferences prior to reaching a final hearing.

 Independent Children’s Lawyer (ICL) (noun): a lawyer appointed by the court to represent the interests of the child in a case.

 Independent Children’s Lawyers will be appointed in complex parenting matters when the court feels a separate independent party is required to ensure the best interests of the child are protected as the paramount consideration in reaching an outcome. Some situations when an ICL may be appointed include:

• When there are allegations of abuse, family violence or neglect in relation to the children
• Where a high level of conflict between the parents
• When claims are made as to the children’s views and their ability to express those views
• Where mental health issues exist in relation to either the parents or the children.

If appointed, an ICL will facilitate a child’s participation in the family law process so that they can express their views. The ICL may also facilitate negotiations and arrange the necessary evidence required to protect the best interests of the child.

 If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

More from the blog:

Family Law: Costs Orders (Noun)

Family Law: Courting Divorce - the when, where adn why of divorce

family law property settlement, family law and parenting, divorce, family law property settlement in NSW, legal jargon, understanding family law