Legal aid is only available in certain circumstances.
If the local authority has issued care proceedings and you are one of the parents (or you are caring for a child in respect of whom care proceedings have been issued and you have parental responsibility for that child because, for example, an interim child arrangements order had been made in your favour) then you will qualify for non-means and non-merits tested legal aid. This means that we can help you free of charge.
If you are involved in a private law family case, which is one in which the local authority are not the applicant but the dispute is between two parents or other family members then legal aid is not usually available. However, if the applicant is the survivor of domestic abuse and the proposed respondent to the application is the perpetrator of that abuse then providing that you can supply what is called “gateway evidence” by the Legal Aid Agency then we can apply for legal aid on your behalf. That legal aid is means and merits tested. This means that you must have what the Legal Aid Agency considers to be a good case and your capital and income must be below certain limits. If you are the survivor of domestic abuse and are applying for legal aid in order to apply for a domestic abuse injunction then the Legal Aid Agency has a discretion to not apply the capital and income eligibility limits.
Depending on your capital, such as savings if you have any, and your income the Legal Aid Agency may ask you to make a one off payment or a regular monthly contribution towards your legal costs before it will grant legal aid. Even if this happens then this is likely to cost you less money than you would have paid for the same legal advice without legal aid.
A list of the gateway evidence can be found here.
If your case is about money or property and you are legally aided and you recover or preserve money or property then you will have to pay the whole of the costs of the case incurred under your legal aid certificate to the Legal Aid Agency out of the money or property that you recover or preserve. This procedure is called the statutory charge by the Legal Aid Agency.
The rules that govern whether you qualify for legal aid can be complicated but our specialist family lawyers and the other members of staff who assist them will be happy to talk with you about whether your individual circumstances and whether you qualify for legal aid.