Cases in the Court of First Instance
The courts process applications for legal aid for cases in the court of first instance concerning parental custody, child residence, access rights, marriage, separation, etc., cf. Section 327, Subsection 1, No. 2.
However, the courts do not process applications for legal aid from the plaintiff in cases concerning the modification of an agreement or decision under Sections 14 and 17(2) of the Parental Responsibility Act.
The courts also do not process applications for legal aid for cases concerning the review of a decision made by the Agency of Family Law.
In these cases, the plaintiff’s application for legal aid must be processed by The Department of Civil Affairs under Section 328 or Section 329 of the Administration of Justice Act.
In cases processed under the simplified family case procedure, legal aid cannot as a general rule be granted, cf. Section 327, Subsection 2, No. 2, and Section 328, Subsection 5 of the Administration of Justice Act. However, the Family Court may exceptionally grant legal aid if a party requires legal assistance, cf. Section 452, Subsection 7 of the Administration of Justice Act.
The courts also process applications for legal aid for cases in the court of first instance concerning the revocation of the right to practice as a lawyer, cf. Section 327, Subsection 1, No. 1, and for the repayment of monetary benefits covered by an order under the Marketing Practices Act issued by the court or the Consumer Ombudsman, cf. Section 327, Subsection 1, No. 3.
Finally, the courts process applications for legal aid for cases in the court of first instance where a person has been fully or partially upheld in a fee dispute, cf. Section 146 of the Administration of Justice Act, in a rent tribunal or tenant complaint board or in a central government complaints board, excluding the Consumer Complaints Board, cf. Section 327, Subsection 1, No. 4. If the opposing party does not voluntarily comply with the board's decision or a settlement reached before the board, the person who has been fully or partially upheld in the board's decision has access to legal aid if the conditions for legal aid under Section 327 are otherwise met.
Appeal Cases
The courts also process applications for legal aid in appeal cases when the applicant has been fully or partially upheld in the previous instance, and the case has been appealed by the opposing party, cf. Section 327, Subsection 3. This applies if the applicant seeks affirmation. If the applicant wishes legal aid to make a different claim, including repeating a claim where the applicant was not upheld in the previous instance, a separate application must be made to the Department of Civil Affairs under Section 328 or Section 329.
Conditions for Legal Aid under Section 327 of the Administration of Justice Act
In the aforementioned cases, where applications for legal aid are processed by the courts, legal aid can be granted if the applicant meets the financial conditions. However, legal aid cannot be granted if it is clear that the applicant will not succeed in the case, cf. Section 327, Subsection 5.
An application for legal aid to the courts should be sent to the court where the case has been brought or can be brought, cf. Section 327, Subsection 6.