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2. Family law matters

2.5. Material change in circumstances

2.5.1 Examples of change

Examples of situations in which there has been a material change in the applicant's circumstances include where

  • there is a likelihood of the applicant or a child being subjected to violence or physical or mental harm
  • a child has been removed from an applicant when the child was living with the applicant before the removal or where there is a risk that a child may be removed,
  • where a child has been removed from the jurisdiction of the Court or there is a risk that a child may be removed, or
  • where there is a need for an applicant who the child lives with to move permanently overseas, interstate or elsewhere with a child, if consent is unreasonably refused by another person.

2.5.2 Material change in circumstances caused by legal aid applicant

If the material change in circumstances referred to above was caused by the legal aid applicant, Legal Aid NSW must consider the circumstances surrounding that change in determining whether it is appropriate to grant legal aid to the applicant.

Date Last Published: 01/09/2010