Q1. My client wishes to make an application under the Hague Convention. Are these means and merits tested?
These applications should be made to representation higher. Applications under the Hague Convention, which covers persons applying under the Child Abduction and Custody Act 1985, are non means tested. They are merits tested.
For guidance on how to submit an application request in LAMS, refer to Section 16.0 of the LAMS Supplier Manual and ‘Submitting an application’ in the Instructional Videos.
Q2. My client wishes to defend an application under the Hague Convention. Are these means and merits tested?
Funding for those opposing the application are subject to means and merits tests.
Q3. Can I apply for legal aid to enforce orders from other jurisdictions? If so are they means tested?
Applications can also be made in relation to registering or enforcing orders from other jurisdictions under section 27 and section 29 of the Family Law Act 1986. These are merits tested.
A range of cases with an international dimension are deemed to be exempt from means testing.
This applies to clients who have benefitted from legal aid in another jurisdiction and who:
- appeal to a magistrates’ court against the registration of, or the refusal to register, a maintenance order made in a Hague Convention country under the Maintenance Orders (Reciprocal Enforcement) Act 1972;
- apply for the registration of a judgment under section 4 of the Civil Jurisdiction and Judgments Act 1982;
- apply for the registration of a judgment under Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
- apply for either the registration of or the registration and enforcement of a judgment under Council Regulation (EC) No. 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.
Q4. What information do LSANI require?
Please provide the following:
- Explanation of the client’s involvement in the proceedings and relationship with the child concerned.
- Summary of the history of the case.
- For merits tested applications, a statement of what outcome the client is seeking in the proceedings and how likely that outcome is to be achieved.
- Identification of all other parties to the proceedings and the extent of their involvement.
Q5. What documentation should I provide with my application?
We will require:
- Hague Convention applications, for applicants only, require only the application and the letter of instruction from the Central Services Agency Northern Ireland.
- If seeking legal aid to defend an application, a full set of proceedings and a detailed statement from the client setting out their defence / response to the application.
- A copy of any court directions.
- Merits tested applications require relevant interparty correspondence and copy pleadings.
For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.
Q6. What type of certificate will I receive?
Certificates for international proceedings are usually unlimited save for exceptional circumstances.