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Family law

Parenting matters

  1. Parents

    Legal aid may be available to parents in disputes about who your child lives with, spends time with and communicates with.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment based on the nature of your legal problem and the prospects of success.

  2. Non-parents

    Legal aid may be available to a non-parent in disputes about who a child lives with, spends time with and communicates with.

    Eligibility requirements:

    You are significant to the care, welfare and development of the child

    AND

    It is in the child's best interests.

    AND

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment based on the nature of your legal problem and the prospects of success.

  3. Recovery of children

    Legal aid may be available if you are a parent or carer making a recovery application to have the NSW Police Force find, recover and return the child to your care.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment based on the nature of your legal problem and the prospects of success.

  4. Contravention of parenting orders

    Contravention of parenting orders

    Legal aid may be available to make an application or respond to an application for a contravention of parenting orders.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

Property settlement matters

  1. Property settlement matters

    Legal aid may be available for property settlements after separation.

    Eligibility requirements:

    The dispute relates to the matrimonial or de facto home and/or superannuation,

    OR

    Your experience of domestic and family violence or disability means that you are unable to negotiate a reasonable settlement without assistance,

    OR

    There are other exceptional circumstances,

    AND

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

Combined parenting and property matters

Legal aid may be available to you for your parenting and property matters. It is expected that you will deal with both matters together, unless there are exceptional circumstances. Please contact us on 1300 888 529 for more information.

Divorce and nullity of marriage

  1. Divorce and nullity of marriage

    Legal aid may be available for an application to the court relating to a divorce or nullity of marriage.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment based on the nature of your legal problem and the prospects of success.

    AND

    Legal Aid NSW will make an assessment of whether it is reasonable to expect you to make the application yourself, taking into account the complexity of the matter or special circumstance such as physical or intellectual disability, language limitations, a health condition or domestic and family violence.

Spousal and de facto maintenance

  1. Spousal and de facto maintenance

    Legal aid may be available to obtain or increase spousal or de facto maintenance.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

Child support

  1. Child support order

    Legal aid may be available to apply for, or respond to, an order for child support (where it is appropriate to make an application to a court rather than an administrative application).

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

  2. Parentage

    Legal aid may be available to apply for, or oppose, a declaration of parentage for the purposes of a child support assessment.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

Adoption

  1. Adoption proceedings

    Legal aid may be available if you are the birth parent, birth grandparent or sibling in adoption proceedings.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

Care and protection (child welfare)

  1. Children

    Legal aid may be available to children for most types of care and protection matters in the NSW Children’s Court without any eligibility requirements.

    Legal aid may be available to children for care and protection appeals in the District Court, Supreme Court and High Court.

    Eligibility requirements:

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

  2. Adults

    Legal aid may be available to adults with parental responsibility, or otherwise significant to the child, for most types of care and protection matters in the NSW Children’s Court. Legal aid may be available to adults with parental responsibility for appeals in the District Court, Supreme Court and High Court.

    Eligibility requirements:

    You have parental responsibility for the child or have had parental responsibility removed

    AND

    You have a genuine concern for the safety, welfare and well-being of the child

    AND

    There is a benefit to the child from you receiving legal aid.

    AND

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

International child abduction

  1. Making an application

    Legal aid may be available to make an application for a declaration under the Hague Convention on the Civil Aspects of International Child Abduction (the convention) that the removal of a child from Australia or that retaining a child in another country is against the convention.

  2. Defending an application

    Legal aid may be available to defend an application to return a child to Australia or to retain a child in Australia.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment based on the nature of your legal problem and the prospects of success.

Special medical procedures for children

Legal aid may be available if you are a parent of a child in Family Court proceedings relating to special medical procedures for your child.

Eligibility requirements:

Legal Aid NSW will assess your income and assets.

Contempt of court

  1. Contempt of court proceedings - child support matters and other family law matters

    Legal aid may be available to respond to contempt of court proceedings in child support matters and other family law matters.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    Legal Aid NSW will make an assessment on the nature of your legal problem and the prospects of success.

    AND

    A term of imprisonment is a possible outcome.

Domestic and family violence – Apprehended Domestic Violence Orders

  1. Applicants

    Legal aid may be available to make an application for an Apprehended Domestic Violence Order (ADVO) if you are a person in need of protection.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    You are a victim of domestic violence.

  2. Defendants

    Legal aid may be available to defend an Apprehended Domestic Violence Order (ADVO) made against you.

    Eligibility requirements:

    Legal Aid NSW will assess your income and assets.

    AND

    You are a victim of domestic violence yourself.

    Or

    There are exceptional circumstances, for example, you have difficulty dealing with the legal system because of a psychiatric condition, disability, intellectual impairment or other reason.