Is legal aid available for going to the FamilyCourt?
In Care of Children Act cases, legal aid is available for those situations where you are allowed to have the represent you and appear with you in court. In other situations, you can get background legal help from a lawyer from the free Family Legal Advice Service, if your income is below a certain amount (the income limits are the same as for the free service.
● Legal aid isn't available for dissolution of marriage (divorce).
● Legal aid is available for all other types of Family Court cases, if you qualify for it.
If I can't have a lawyerrepresent me, who can help me?
Although the situations when a lawyer can represent you in Care of Children Act cases are limited, this doesn't stop you having the to work for you in the background by giving you legal advice, preparing documents for you, and negotiating for you against the other parent. You can hire a lawyer to provide this background help, or a lawyer from the Service can do this for free if your income is below a certain amount. You may also be able to access initial free legal advice from your local Community Law Centre.
Will a lawyer beappointed for my child?
In Family Court cases, the judge can appoint a lawyer to act for a child involved in the case, including where a case isn't directly about the care of the children – for example in disputes between the parents. This lawyer is called a "lawyer for the child".
In Care of Children Act cases, however, this isn't standard practice. In these cases the Family Court can only appoint a lawyer for the child if the judge thinks this is necessary because the judge has concerns about the child's safety or well-being.
The role of for the child is to act for the child in a way that the lawyer thinks will promote the child's welfare and best interests. The lawyer will meet with the child to find out his or her views, and will present those views to the court. The lawyer will also give advice to the child about appealing the to a higher court, and must give this advice in a way that's appropriate to the child's level of understanding.
Who pays the fees of thelawyer for the child?
If a lawyer is appointed for your child, you and the other parent will usually have to pay two thirds of the lawyer's fees, in equal shares. You may not have to pay your share if this would cause serious hardship to you or your children.
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In Care of Children Act cases, legal aid is available for those situations where you are allowed to have the Advocates in Lucknow High Court represent you and appear with you in court.