Eligibility for legal aid in family proceedings
The Legal Aid Agency will take into account your eligibility for funding based on your means and the strength of your case. You can check your eligibility for legal aid in terms of your means by using the eligibility calculator.
What counts as evidence of domestic abuse or child abuse?
There is a very specific list of acceptable evidence detailed on the government website.
How to get evidence?
Legal aid is not available to help you obtain the evidence itself.
If you think you may still be eligible for legal aid, you can contact a solicitor for advice. Alternatively, you can download and print sample letters for domestic abuse or sample letters for child abuse.
This helps you get the proof you need, depending on whether:
- You have been a victim of domestic abuse or violence
- Your children have been victims of domestic abuse or violence
You can give the letter to the person you are asking to provide evidence. They should be able to fill in the details for you. You should then take this evidence to a solicitor who may be able to apply for legal aid for you to be advised or represented at court.
Legal aid is also still available for:
Family mediation - to resolve disputes about children and/or finances on a relationship breakdown
Exceptional funding - you may be able to instruct a solicitor to apply for legal aid for an exceptional case, if you can show that being refused legal aid would infringe:
- Your convention rights (within the meaning of the Human Rights Act 1998), or
- Any right you may have to the provision of legal services that are enforceable EU rights, or
- That it is appropriate in the particular circumstances of your case
If you would like to speak to a member of our award winning family law team please call us on 01616 966 229 or complete our online enquiry form and a member of the team will contact you directly to discuss your situation.
Information correct as of April 2019.