Understanding Legal Aid in Family Law
Navigating family and children law matters can be complex and emotionally challenging. If you are facing issues such as care proceedings, child arrangement orders, adoption and fostering, domestic abuse etc, Legal Aid can potentially provide crucial support.
Our dedicated team understand the stress and anxieties that parents, guardians and children face and are here to help advise and support without judgement.
This page will guide you through the process of applying for Legal Aid and understanding your eligibility.
What is Legal Aid?
Legal Aid can help pay for legal advice and legal representation in Court, it is a government scheme designed to help people on low incomes.
Whilst it doesn’t cover all legal matters, and in some cases not all costs, it can be invaluable for those facing family law issues.
Do I Qualify for Legal Aid?
The rules around Legal Aid for Family Law are complicated. Legal Aid is available for some family cases but the rules for Legal Aid are different for different types of cases.
To qualify for Legal Aid in Family Law, you generally need to meet two main criteria:
- Financial Eligibility (Means Test)
- Your income and savings must fall below a certain threshold to be eligible for Legal Aid.
- Merit (Merits Test)
- Your case must be considered strong enough and “meritorious.” This means that it has a reasonable chance of success.
Whether your children case is eligible for Legal Aid depends on the type of case it is or whether you can prove you or your children have experienced abuse.
If you are unsure, the government website has an online calculator that can help to check your eligibility. Click here for more information or contact our team.
Types of Family Law Cover by Legal Aid
“Public Law” cases are automatically eligible for Legal Aid. This is where a Local Authority has concerns about safeguarding a child and has started an investigation or made an application to Court. For example:
- application for a care order
- application for a supervision order
- application for a secure accommodation order
- application for a placement order
- application to discharge a care order
- social workers ask you to come to a meeting about a child
Often in public law cases, Legal Aid is available to parents (or carers with parental responsibility) whatever their financial situation.
How To Apply For Legal Aid
To begin the Legal Aid process, you need to find a local solicitor that has been awarded a Legal Aid contract, as they can assist you with eligibility and the evidence required.
How Can Timms Help
Our dedicated Public Law Family team are here provide legal advice, guidance and support throughout the process. Over the years, we have represented hundreds of parents and children on a wide range of childcare matters, tailoring our approach for each specific case.
If you have any queries regarding Legal Aid or are unsure if you are eligible, please contact us on freephone 0800 011 6666 or email us at legal@timms-law.com.
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