Family Law

 

Section 1: Non-molestation orders


Legal aid is available for non-molestation orders with a financial means test which is different to other types of legal aid. Legal aid is available when the applicant has an income which is higher than the usual legal aid limits. However, she may have to pay a contribution which can be very high, and unaffordable in some cases, or even amount to more than paying a solicitor privately. If she has a new partner she lives with, their finances will also be assessed as part of hers. The finances of an ex-partner where the dispute is with him will not be assessed as her finances.

A non-molestation order is a type of injunction and legal aid is also available for other types of injunctions: occupation orders and prohibited steps orders, and protection from harassment orders in County Court.

Legal aid is only available for the person who is applying for the order, not for the Respondent, so if someone is applying for a non-molestation order against the survivor, she will not be able to get legal aid.

 
    • FLOWS (Finding legal options for women survivors)
      This is a system set up for referrals for injunctions, but solicitors on this list are recommended generally for domestic abuse. The site has a national map showing where the various solicitors are based.

    • DV Assist - injunctions only

      You can contact them to discuss brief advice relating to injunctions. They link women to solicitors and assist in the process of obtaining legal aid.
      Tel: 0800 195 8699

    • Gov.UK legal aid lawyers search engine

      If there is no FLOWS solicitor locally this is a directory of all solicitors with a legal aid contract around the country – enter the town or postcode and tick “family”, not “family mediation” (mediation is not recommended in domestic abuse cases as perpetrators can use it to pressurise survivors).

  • If the survivor decides to pay a solicitor privately for a non-molestation order she can use the search engines above for legal aid firms. Generally speaking, firms who do legal aid work will also do privately paying work and they will usually not be at the more expensive end of the market, and will have experience of doing domestic abuse work (on legal aid) and many of them have good reputations. Therefore the links to search for local legal aid firms can also be used to search for private paid work.

    The following are also ways to search for solicitors who do private paying work:

    • Obtain a list of solicitors in different areas of law from the Law Society website using “Find a Solicitor” – search by area of law and location

    • For the most highly regarded solicitors in specific areas of law search the Chambers and Partners Directory of top ranked firms and individuals

  • If the survivor cannot get legal aid and can’t afford to pay a solicitor privately, then her only option will be limited pro bono advice. The following organisations provide some free legal advice:

    • Rights of Women family law helpline

      Check their website for helpline hours

    • RCJ Advice Bureaux Family Law Centre – only for cases in court and London residents

      Central London Family Court
      4th Floor First Avenue House
      42-49 High Holborn
      London
      WC1V 6NP
      Tel: 0203 475 4373

      Opening Times:
      You can visit for an initial assessment at our offices at the Central London Family Courts: 10am – 1pm and 2pm – 4pm each weekday. Call the appointment line to be assessed: 9:30am - 4pm Monday to Friday. Appointments take place between: 10am - 5pm Monday to Friday.

    • DV Assist - injunctions only such as non-molestation orders
      Can contact them to discuss brief advice relating to injunctions. For those not eligible for legal aid they assist women to prepare their statements and to represent themselves (payment may be required for a process server to serve the order once obtained).
      Tel: 0800 195 8699

    • LawWorks – national umbrella for pro bono services
      On the LawWorks website you can search for pro bono legal advice clinics around the country on different areas of law. Search “legal advice for individuals”, then “free advice clinics” – scroll down to the search function where you can enter the area of law and distance from home address.

      The website also has a useful section on “Going to Court without a Lawyer” – scroll down to the link to Advicenow’s website – this has a page on going to court or tribunal without a lawyer – with a link to a range of resources for litigants in person – for family court, civil court and tribunals.

    • University House Family Law Drop in Clinic
      The Clinic is run by Legal Advice Centre, and is supported by pro bono lawyers.
      The Young Foundation,
      18 Victoria Park Square,
      Bethnal Green E2 9PF
      T: 020 3606 0372 / 020 8980 4205

    • FLAGDVF
      Family law pro bono service in Thames Valley area covering Berkshire, Oxfordshire and Buckinghamshire

Section 2. Cases involving children

There are two types of family law about children – private law and public law.

Private law family law cases are disputes between parents. Public law family law cases are disputes between parents and social services, i.e. Children’s Services seeking to have a child taken into care. Most family law solicitors do private law and only some also do public law cases. It is important for a public law case to make sure that a solicitor has experience in public law.

Legal aid financial eligibility is different for private law and public law.

 

Survivors eligible for legal aid


The survivor has to meet both of these two criteria:

a. Have a type of case for which legal aid is available (‘in scope’ for legal aid)

b. Come within the financial means test

 
  • The following types of cases are always in scope for legal aid (no need for “DV gateway” evidence – see more on that below):

    • Mediation in divorce and related financial and child contact issues (but does not include the court process) *

    • Children taken into care and adoption issues (public law)

    • Representation for child in child contact cases

    • International child abduction

    • Forced marriage

    *Note: mediation is not recommended in domestic abuse cases as perpetrators can use it to pressurise survivors to agree to things they don’t really agree to. However occasionally if a survivor feels strong and believes she would not be intimidated and qualifies financially for legal aid this can be one way of having legal representation without going through the DV gateway (see below).

    The following cases are only in scope if the survivor can provide evidence of domestic abuse that brings her within the “DV gateway”. Which types of evidence can bring within the DV gateway is set out in the Rights of Women guide 2020.

    This category accounts for the majority of family law disputes

    • Divorce and related financial issues

    • Child contact between parents

  • The following types of cases do not have a financial means test for legal aid – all parents are eligible:

    • Children taken into care and adoption (public law) cases

    • International child abduction

    For all other family law case the survivor must meet the legal aid financial means threshold. There is a legal aid eligibility checker that members of the public can use.

    If the survivor has a new partner she lives with, their finances will also be assessed as part of hers.

    The finances of an ex-partner where the dispute is with him will not be assessed as her finances.

    There are special provisions for ‘trapped capital’ where a survivor cannot access capital in the family home, and it may be disregarded for legal aid.

    • FLOWS (Finding legal options for women survivors)
      This is a system set up for referrals for injunctions, but solicitors on this list are recommended generally for domestic abuse. The site has a national map showing where the various solicitors are based.

    • Gov.UK legal aid lawyers search engine
      If there is no FLOWS solicitor locally this is a directory of all solicitors with a legal aid contract around the country – enter the town or postcode and tick “family”, not “family mediation” (mediation is not recommended in domestic abuse cases as perpetrators can use it to pressurise survivors).

    • Reunite
      Charity dealing with international child abduction and other international children law matters.
      They have a list of recommended solicitors in London dealing with international children family law. You can also do a search for other parts of the country and for other countries.

  • If the survivor does not qualify for legal aid – because she don’t meet the financial means test or the DV gateway evidence – she may want to pay a solicitor privately.

    There is a wide range of firms charging very different levels of fees, and she should feel free to shop around and ask questions to work out the best arrangement for her. She is the customer and can gather information before deciding who to instruct.

    • Some firms offer fixed fees eg for a divorce

    • Some firms offer ‘tailored packages’ where they will try to keep costs down by doing part of the work and having the client do other parts, or more junior staff such as paralegals doing some of the work

    • Some firms only operate on an ‘hourly rate’ basis, which can be the most expensive. However even then some solicitors will charge much higher rates than others, depending on their level of seniority, so it is possible to have a more junior solicitor who is much cheaper. Also, different firms charge different rates so it is worthwhile to shop around.

    Generally speaking, firms who do legal aid work will also do privately paying work and they will usually not be at the more expensive end of the market, and will have experience of doing domestic abuse work (on legal aid) and many of them have good reputations. Therefore the links to search for local legal aid firms can also be used to search for private paid work:

    • FLOWS (Finding legal options for women survivors)
      This is a system set up for referrals for injunctions, but solicitors on this list are recommended generally for domestic abuse. The site has a national map showing where the various solicitors are based.

    • Gov.UK legal aid lawyers search engine
      If there is no FLOWS solicitor locally this is a directory of all solicitors with a legal aid contract around the country – enter the town or postcode and tick “family”, not “family mediation” (mediation is not recommended in domestic abuse cases as perpetrators can use it to pressurise survivors).

    • Affordable Justice
      This is a not-for-profit family law firm – based in Hull but they represent clients around the country.

    • Obtain a list of solicitors in different areas of law from the Law Society” – search by area of law and location.

    • For the most highly regarded solicitors in specific areas of law search the Chambers and Partners Directory of top ranked firms and individuals

  • a) Pro bono advice only

    If the survivor cannot get legal aid and can’t afford to pay a solicitor privately, then her only option will be limited pro bono advice. The following organisations provide some free legal advice:

    • Rights of Women - family law helpline
      Check their website for helpline hours

    • Coram Children’s Legal Centre (children issues only)
      Tel: 0300 330 5480.

    • RCJ Advice Bureaux Family Law Centre – only for cases in court and London residents
      Central London Family Court
      4th Floor First Avenue House
      42-49 High Holborn
      London
      WC1V 6NP
      Tel: 0203 475 4373
      Opening Times:
      You can visit for an initial assessment at our offices at the Central London Family Courts: 10am – 1pm and 2pm – 4pm each weekday. Call the appointment line to be assessed: 9:30am - 4pm Monday to Friday. Appointments take place between: 10am - 5pm Monday to Friday.

    • DV Assist - injunctions only such as non-molestation orders
      Can contact them to discuss brief advice relating to injunctions. For those not eligible for legal aid they assist women to prepare their statements and to represent themselves (payment may be required for a process server to serve the order once obtained).
      Tel: 0800 195 8699

    • LawWorks – national umbrella for pro bono services
      On the LawWorks website you can search for pro bono legal advice clinics around the country on different areas of law. Search “legal advice for individuals”, then “free advice clinics” – scroll down to the search function where you can enter the area of law and distance from home address.

      The website also has a useful section on “Going to Court without a Lawyer” – scroll down to the link to Advicenow’s website – this has a page on going to court or tribunal without a lawyer – with a link to a range of resources for litigants in person – for family court, civil court and tribunals.

    • Reunite
      Charity dealing with international child abduction and other international children law matters – They have a list of recommended solicitors in London dealing with international children family law. You can also do a search for other parts of the country and for other countries.

    • National Youth Advocacy Service
      Information, advice, advocacy and legal representation for children, young people and vulnerable adults dealing with family law issues.
      Tel: 0808 808 1001
      Lines open Monday to Friday 9am - 8pm, Saturday 10am - 4pm

    • University House Family Law Drop in Clinic
      The Clinic is run by Legal Advice Centre, and is supported by pro bono lawyers.
      The Young Foundation,
      18 Victoria Park Square,
      Bethnal Green E2 9PF
      T: 020 3606 0372 / 020 8980 4205
      Tuesdays 6pm to 8pm – drop in

    • FLAGDV
      Family law pro bono service in Thames Valley area covering Berkshire, Oxfordshire and Buckinghamshire

    • Advocate
      They can’t guarantee to take every case, and the survivor has to meet their criteria. This includes applying at least around a month before the hearing (no less than 3 weeks) and showing that she does not have the finances to pay for legal representation but also doesn’t qualify for legal aid.

Need to contact us?

If you have looked at our signposting materials and you still want to contact us, you can send a message below. If you don’t feel that you can make a request in writing you can call us on 020 7092 1807 and leave a message and we will call you back. Please note that we don’t provide an emergency service so we may not be able to get back to you at busy periods for up to three working days. If your enquiry is not about violence against women and girls, then it is out of our remit and we won’t be able to assist.