Help with the Legal Aid process
Because you can get Legal Aid, you should not worry about the costs involved in getting legal representation and the sooner you get legal help and advice, the better for you and your child.
For anyone else Legal Aid may still be available but this will depend on your financial circumstances and the strength of your case. We will advise you if you can get Legal Aid and complete all of the paperwork for you.
In other family cases where you are asking the Court for an Order that a child(ren) should live with you or spend time with you i.e., Child Arrangement Orders, or in the case of adoption and even an application for the discharge of a Care Order, public funding is NOT automatic.
An application will need to be made to the LAA by your solicitor. The LAA will need information as to whether you have a case to put to the court i.e. what is the case about?, are you in agreement with the Court Order being sought? or are you asking the court to make an Order? This is called a merit test.
Secondly, the LAA will need information about your financial situation (the financial test as to eligibility). It may be that you will have to make a financial contribution to your public funding, if permission is granted by the LAA. The 2 tests are always applied by the LAA before making a decision as to whether or not they will grant or refuse an application for public funding.