There is no set age. A child can have their own solicitor when they are mature enough to understand the issue and give clear instructions. Many teenagers can. For younger children, the court often appoints an independent children’s lawyer instead.
I’m a family lawyer in Dandenong. Parents and teens ask me this often, usually after a separation, when a child feels unheard.
If you want advice on your own situation, our child custody lawyers in Dandenong can talk it through with you. Otherwise, here is how the rules work in plain English.
Is there a minimum age for a child to have a lawyer?
No. The Family Law Act sets no minimum age. A child can even apply to the court in their own right about their living arrangements.
The question is not “How old are you?” The question is “Do you understand what is going on?”
Legal Aid Queensland takes the same approach. Age does not decide whether a child gets legal help. Maturity and understanding do.
How does a lawyer decide if a child is mature enough?
The solicitor makes this call, not the parents. We look at things like:
- Does the child understand the problem?
- Can they explain what they want and why?
- Do they understand what might happen next?
- Is the view really their own, or is it a parent’s script?
A child’s view can match a parent’s view and still be genuine. We do not rule a child out for that reason.
In practice, this works more often for older teens. A ten-year-old may need extra support. Every child is different, so there is no magic number.
Own solicitor vs independent children’s lawyer: what is the difference?
This is where most people get confused. They are not the same thing.
A child’s own solicitor:
- Takes instructions from the child
- Acts like any other client’s lawyer
- Is chosen by or for the child
An independent children’s lawyer (ICL):
- Is appointed by the court in parenting cases
- Does not take instructions from the child
- Forms their own view on the child’s best interests
- Makes sure the child’s views reach the court
So an ICL can recommend something different from what the child wants. The Family Law Act says so. The ICL is not the child’s spokesperson.
When does a court appoint an independent children’s lawyer?
It is the court’s choice. Courts often consider one when:
- There are allegations of abuse or family violence
- A mature child has strong views that would change a long-standing arrangement
- Serious mental health or medical issues are involved
- The parents disagree about what the child wants
If an ICL is appointed, they may meet the child. They may also arrange a family report. These steps help the court hear the child’s voice without putting the child in the middle.
For the money side, see our separate guide on who pays for an ICL.
Can a child get free legal help in Victoria?
Yes, a young person does not need their parents’ money to get advice.
- Victoria Legal Aid gives free legal information and advice. Call 1300 792 387.
- Youthlaw is a free legal service for young people. Call (03) 9113 9500.
- For intervention orders, every young person has the right to speak to a lawyer. It is free, and it is private.
These services can explain a young person’s options. They can also say whether a lawyer can act for them.
Is what a child tells their lawyer private?
Usually, yes. A child’s talks with their solicitor are confidential, like any client’s. There are limits if a child is at serious risk of harm. A good lawyer explains this at the start.
An ICL is different. Conversations with an ICL are protected by the Family Law Act, but the ICL decides what to pass on to the court.
Does a child’s view decide the outcome?
No. This surprises many families.
A judge listens to the child’s views. Older, more mature children get more weight. But the court’s main test is the best interests of the child. Safety comes first.
So a child cannot simply “choose” which parent to live with. Their voice matters. It is not the final word.
What can parents do?
If your child wants to be heard, try these steps:
- Stay calm: Do not punish a child for speaking up.
- Do not coach them: Courts spot this quickly, and it hurts your case.
- Get advice early: Ask a lawyer what fits your situation.
- Aim for agreement: Many matters settle without a trial. You can lock in an agreement through consent orders.
- Learn the process: Our guide to interim parenting orders shows what happens while a case is running.
If your child is a teenager, you may also find our guide to parenting arrangements for teenagers useful.
How Dandenong Family Lawyers can help
We are a boutique family law firm in Dandenong. We have helped over 5,000 families across Casey and Greater South-East Melbourne. Our Google rating is 4.9 stars from more than 93 reviews.
We can:
- Explain how the court hears your child’s views
- Tell you if an ICL is likely in your case
- Prepare you for meetings with an ICL or family consultant
- Help you reach an agreement without a long court fight
You can call us on (03) 9792 0221. We offer a free discovery call.
This article is general information only. It is not legal advice. Laws change, and every family is different. Please speak to a lawyer about your own situation.
Frequently Asked Questions
At what age can a child have their own solicitor?
There is no set age. A child can instruct their own solicitor when they understand the issue and can give clear instructions. The solicitor decides this.
Can a child hire their own lawyer in Australia?
Yes, if they are mature enough. Free services like Victoria Legal Aid and Youthlaw can give advice to young people.
What is an independent children’s lawyer?
It is a lawyer the court appoints in a parenting case. They form their own view on the child’s best interests. They do not take the child’s instructions.
Does a child have their own lawyer in family court?
Not always. Often the court appoints an ICL. A child may also have their own solicitor if they are mature enough.
At what age can a child choose which parent to live with in Australia?
There is no age. A child’s views are considered, and older children carry more weight. The court decides based on the child’s best interests.
Can a 12-year-old have a lawyer?
It is possible, but it depends on the child’s maturity. A lawyer will assess whether they can give instructions. An ICL is more common at this age.
