Child Law Legal Aid: Is Legal Aid Funding Available?
On the 1 April 2013 the Government introduced legislation limiting the type of cases covered by legal aid. There is no longer legal aid available for divorce, financial disputes and private law children matters between parents unless there is evidence of domestic violence perpetrated by the other side or evidence of child abuse. The existing funding for cases involving Child Protection and Care Proceedings remain as well as for those seeking an injunction to protect themselves from domestic violence.
Cases still eligible for Legal Aid
- Child protection and care proceedings;
- Child abduction or secure the return of a child unlawfully removed from the UK;
- Representation of children in private family cases where there is evidence of domestic violence or child abuse*;
- Divorce where there is evidence of domestic violence or child abuse*;
- Financial proceedings where there is evidence of domestic violence or child abuse*;
- Legal advice in support of mediation;
- Injunctions for victims of domestic abuse;
- Forced marriage protection orders.
To be eligible for the cases above you will need to provide the Legal Aid Agency with:
- Evidence of showing that you have been a victim of or at risk of domestic violence.
- For children applications, the child who is or would be the subject of the order is at risk from another individual against which risk of abuse the order is to provide protection and they have the supporting evidence. For further information please refer to the following website https://www.justice.gov.uk/private-family-matters-legal-aid
Legal Aid is still available for other cases in addition to those above if you have been subject to or are deemed at being at risk of suffering domestic violence or children that are in need of protection.
You will also be means assessed to be eligible for Legal Aid and you can go through an initial assessment with the Legal Aid calculator. For further information please refer to the following website https://www.gov.uk/check-legal-aid
If you do not qualify for Legal Aid we can discuss whether we are able to offer you a reasonable fee over the phone. If you would like to be assessed for Legal Aid please contact us.
