2026 Family law policy changes

• Demand for family law services has significantly increased over time and is not sustainable under current funding.
• National Legal Aid have advocated, and will continue to advocate, strongly for sustainable funding levels.
• Without additional funding, we cannot maintain the delivery of services at the current levels.

• The changes reflect a careful assessment of how to realise the necessary reduction in legal costs while prioritising clients at risk.
• The decision to restrict eligibility on some grant types is driven by funding constraints; not by changes to our values, purpose, or commitment to people experiencing vulnerability.

• It is not our intention that these changes become permanent but without increased funding, the current service settings cannot be maintained.
• If additional funding is provided, these proposed changes will be reviewed.
• This work is vital to ensuring access to justice and we remain committed to it.

What happens if my client already has a family law grant under the previous policy?

These policy changes do not impact your client’s current grant.

The current policy (for parents and adults) will continue to apply to your client’s family law litigation matter. This includes all extension applications against your client’s current family law grant until that matter is finalised (and as is current policy, your client must continue to meet the means, merit, forum test and that there is a dispute about a substantial issue).

For more information, see Family Law Guideline 3.13.

What if a Legal Aid application is made after 1 July 2026?

The new policy will apply to any new application submitted on or after 1 July 2026.

We understand that this may mean in the same court matter, parties may be subject to different eligibility criteria based solely on when their Legal Aid application was lodged.

What evidence is required to establish domestic and family violence?

The definition of family violence is broad, and can include a range of behaviours and experiences:

• physical or sexual abuse, assaults or stalking, including threats of harm
• coercive, controlling behaviours and manipulation
• economic abuse
• emotional or psychological abuse, taunts or intimidation
• intentionally destroying property or harming pets.

We know that family violence often occurs in private and without witnesses. Not all people who have experienced family violence report it to police. Some people take some time to disclose their experience of family violence, and some may not recognise their experiences as family violence until they speak with a lawyer or support person/s.

Please note: the policy does not require “proof” of violence (i.e. the policy does not require an ADVO, or police or other reports or statements)

We acknowledge that Panel Lawyers are trained and highly skilled in identifying and talking to clients about family violence.

Think about the broad definition of family violence in the Family Law Act. If your client has experienced or is experiencing these behaviours and they are relevant to the family law matter, they would be eligible for legal aid under the new policy (subject to meeting the other eligibility requirements).

Are alleged perpetrators of domestic and family violence eligible for a grant in a family law matter?

No. This policy does not exclude mis-identified victims of domestic and family violence.

How do I determine if a client is Aboriginal or Torres Strait Islander?

• Aboriginality is a complex and personal issue, based on self-identification.
• The eligibility changes do not require solicitors to take additional steps outside their usual practice when asking a client about their identity.

Pursuant to s60CC(1)(b) of the Family Law Act 1975, in determining what is in the child’s best interests, the Court must consider a child’s right to enjoy their Aboriginal or Torres Strait Islander culture as set out in section60CC(3).

This means that taking instructions about the identification of Aboriginality is already essential and where identified, should be reflected in the client’s court documents and in the way the case is run.

Not all Aboriginal people hold a Confirmation of Aboriginality, some find these highly offensive, and any reference to them should be avoided. The term ‘ATSI’ is considered offensive and should not be used.

Under the policy change ‘Aboriginal’ includes a person identifying as Aboriginal and or Torres Strait Islander.

Culturally safe legal practice is essential to ensuring Aboriginal and Torres Strait Islander clients can access and engage with legal services in a way that respects their identity, experiences, and community connections.

Culturally safe legal practice is reflected in everyday lawyer behaviours, including respectful communication, avoiding assumptions, and adapting practice to build trust and support meaningful client engagement.

If you do not know whether the client is Aboriginal:

Ask them the question: “Do you identify as an Aboriginal or Torres Strait Islander person?”

• ask respectfully and routinely
• don’t single out clients based on appearance or assumptions.

Accept self-identification:

• a client’s self-identification is generally sufficient
• no documentary evidence is required
• avoid creating additional barriers or delays
• under the policy change ‘Aboriginal’ includes a person identifying as Aboriginal and or Torres Strait Islander.

Do not:

• ask intrusive follow-up questions
• request proof of identity, or
• make judgments based on appearance, surname, or background.

If the child is Aboriginal, but the adult client (i.e. parent/grandparent) is not, then it seems the client will not be eligible?

Yes, that is correct.

Is a grandparent who is not a victim of family violence eligible for a grant? What if their grandchild was a victim of family violence?

The grandparent would not be eligible for a grant of aid to commence family law court proceedings for their grandchild in the example above.

The grandparent could apply for an ERA parenting mediation to participate in mediation with the grandchild’s parent/s (and in the event of agreement, enter consent orders for their grandchild). The current ERA policy and guidelines remain unchanged post 1 July 2026.

Can the new provisions apply to mediations as well as court representation, or just court funding?

The new policy restrictions do not apply to ERA grants for mediation. The current ERA grants policy and guidelines remain unchanged.

Under the new policy can a client apply for aid to participate in a COMP (Court Ordered Mediation) utilising an ERA grant?

No.

Why is it proposed that we continue to represent clients in the eligible cohort for property matters with significant pools up to $850k, but not represent much more vulnerable clients in parenting-only matters?

Legal Aid NSW funds property matters in certain circumstances because of the importance of financial security, particularly for people who have experienced family violence.

Under the policy changes, we continue to require clients to make section 46 contributions in property matters, with the aim of making the policy cost neutral. This allows us to continue to assist in property matters without this work coming at a significant cost.

Do the proposed changes include recovery applications and watchlist matters?

Yes.

What are the upcoming policy changes for Independent Children’s Lawyer grants?

Please refer to Independent Children’s Lawyer resources and tools.