Section 8: Can I get legal aid?

If your case is in public law (ie Children’s Services have gone to court to take your children), you are automatically given legal aid.

If you want to discharge an Special Guardianship Order or a Care Order, there is rarely legal aid to do this unless you have been a victim of domestic violence.

If your case is in private law (ie you are in dispute with your children’s father), you may be eligible for legal aid if you have been a victim of domestic abuse. You can now apply for legal aid if your partner is withholding equity in a jointly owned home. In any case, you will have to show that you have “capital” of less than £8000 – this includes all savings in the bank or elsewhere, and any assets such as an expensive car or jewellry.