Some family law cases are still eligible for legal aid, they are:
Unlawful removal of children – securing an order to prevent the unlawful removal of a child from the UK or secure the return of a child unlawfully removed from or within the UK
Children under 18 whether an applicant, respondent, or joined as a party to the proceedings
Protective Injunctions e.g. non-molestation orders, occupation orders, forced marriage protection orders and other protective orders and injunctions
Legal aid for public law children proceedings:
All public law children proceedings remain in scope and there are no changes to the availability of legal aid funding.
Legal aid to obtain civil remedies to protect clients who are at risk from or subject to domestic violence
There are no changes in relation to making an application for legal aid for civil remedies to protect clients that are victims of domestic violence. Therefore legal aid will continue to be available for applications for protective injunctions including:
– an injunction
– A non-molestation order
– A forced marriage protection order
– Any other protective order
There will be no additional evidential requirements in relation to receiving legal advice and representation in these matters.
The definition of domestic violence in LASPO has been amended to reflect the new cross-government definition. This can be found in the Legal Aid, Sentencing and Punishment of offenders Act 2012 (Amendment of Schedule 1) Order 2013. The new definition is:
“domestic violence means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other”