Does Legal Aid Cover Child Custody?

This article provides a brief discussion over your rights to get legal aid for several cases. Parents often do not know or get confused about whether legal aid covers child custody or not. This article attempts to solve this confusion as well.

But for any legal cases or issues, you must need assistance from a professional lawyer. Although you have legal aid, you must need child custody lawyers for the entire proceedings in case of child custody. Let’s read and learn further.

What Is Legal Aid?

Legal aid is the capability or right to use public funds for your legal issues such as family problems, tribunal representation, etc. In most states like Wales and England, there is at least one Legal Aid Agency for providing legal aid to its citizens.

Legal aid depends upon three considerations which include:

  • Scope: It remains limited within your possible scopes of legal aid.
  • Means Test: Applicable when you are not able to bear your legal expenses.
  • Merits Test: It depends upon the reasonableness of your cost for legal aid as well as the probability of success.

What Are The Types of Legal Aid?

Legal aids pay the fees of your lawyer hired for various legal cases. Generally, the major types of legal aid involve:

Legal Help

In case of legal help, your lawyer can only negotiate with your opposition party and provide you valuable advices about a legal case. He can never represent you in court.

Family Mediation

Here, your lawyer carries out the responsibility of negotiating with the opposing party about the case through mediation. The lawyer often possesses the right to represent you in court.

Legal Representation

Your lawyer, in this case, prepares all the necessary details for the case and can represent you in court. If it is not possible, he can manage a professional barrister for representing you in the court.

Does Legal Aid Cover Child Custody?

Yes, legal aid covers child custody.

Child custody falls under the family mediation type of legal aid. If your children are not happy with the other parent or their lives are at stake, you can claim legal aid for child custody.

You can also get legal aid for specific issue orders, child arrangements, prohibition steps, etc. Whenever you feel that your children are suffering from domestic violence or abuse, you can have your legal aid immediately. To get legal aid, you have to ask the Judge of your local legal aid center to grant you legal aid for your child custody issue.

What Other Family Matters Can I Get Legal Aid for?

Not only child custody or child support, but you can also enjoy your right to have legal aid for several other family matters as well. Such as,

  • Disputes regarding children and financial support for the breakdown of a family relationship.
  • Occupation and non molestation orders.
  • Restraining orders for protection from harassments.
  • Representing child parties for proceeding private law issues.
  • Local authority proceedings for supervision or care order.
  • Cases in which your child is taken outside the state without your consent.
  • Cases of domestic violence or Child abuse.
  • For some exceptional cases.

How Does An Application for Legal Aid Work?

First of all, you have to consult with a lawyer about the application for legal aid. Then your lawyer, not directly you, will apply for legal aid on behalf of you. The application has to be sent to the local Legal Aid Agency.

Once your lawyer has applied for legal aid, the agency might claim for some documents to be submitted by you. They will fix a time limit within which you must submit all the required documents to the agency.

Then, the agency will judge whether you can get legal aid or not. If yes, they will provide you with a legal aid certificate. From there, you will know how much amount the agency has granted for your legal aid.

If there are any changes in the expected circumstances, you must inform the agency without any delay.

If You Do Not Qualify for Legal Aid, Where Else Can You Go for Help?

By chance, you do not qualify for legal aid, do not worry that much. There are some other sources from where you can get legal help as well. Such as,

  • Law School: you can go to your law school, where many legal students are ready to provide you legal help as much as they can. Legal students work under the supervision of their law professors.
  • Local Bar Association: it is an organization or association for lawyers. You can go for using local bar association referrals for hiring a private lawyer.
  • Local Area Agency on Aging: This agency helps senior people who are 60 years old or above with low cost or free legal services.


So, probably now you have got the proper answer to your question of whether legal aid covers child custody or not, right? This article includes information about legal help not only for child custody but for other issues as well. Hopefully, this information will help you a lot.

See more: Does a Marriage License Expire in Canada?

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