Parenting Plans And Orders Legal aid is available for parenting plans and orders made under the Family Law Act 1975. A grant of legal aid for this type of matter is subject to means test A, merit test B, and Commonwealth general family law guidelines. The Commission may grant aid in relation to applications for parenting orders if there is a dispute about a substantial issue, and the matter is one in which: recent primary dispute resolution has not resolved the dispute the other party has recently refused or failed to attend primary dispute resolution, or primary dispute resolution is inappropriate or impractical. Example: where there is a likelihood of violence or abuse. Discharge or variation of parenting orders Legal aid may be granted to discharge or very a registered parenting plan or court orders where There has been a material change in circumstances and there is a dispute about a substantial issue, and the matter is one in which: - recent primary dispute resolution has not resolved the dispute - the other party has recently refused or failed to attend primary dispute resolution, or - primary dispute resolution is inappropriate or impractical. Example: where there is a likelihood of violence or abuse or there are special circumstances which suggest that the application is likely to be successful Examples: - the likelihood of current or future violence or physical or mental harm to a child or the applicant - the removal or risk of removal of a child from the applicant where the applicant has primary residence responsibilities - the removal or risk of removal of a child from the jurisdiction of the court, or - the party with primary residence responsibilities needs to move permanently overseas, interstate or elsewhere with a child and another person unreasonably refused consent Where the material change in circumstances has been brought about by the applicant, the Commission will consider the circumstances surrounding that change in determining whether granting aid is appropriate. Third parties Legal aid may be granted to a party who is not a parent in proceedings relating to parenting orders if (i) the party is significant to the care, welfare and development of the child, or (ii) the Commission considers it to be in the child’s best interests. Example: It may be in the child’s best interests if the child’s safety or welfare is at risk. Care and protection proceedings Legal aid may be granted for parenting orders under the Family Law Act 1975, even if there are current care or protection orders, or proceedings under a child welfare law, in respect of the child. Parenting orders generally Aid may be available where there is a dispute over the responsibility for the day to day care, welfare and development of the child. Aid would not normally be available where there is a dispute over which school a child is to attend. Composite proceedings Where possible, an application for parenting orders should address all issues concerning the child. Legal aid may be refused where the Commission is satisfied that proceedings which could have been taken together were not taken together. Example: Aid may be refused for an application for a specific issues order for day to day care, welfare and development if this application is not instituted at the same time as proceedings for a residence order. Applications by children Legal aid is not available where the application is one which should properly have been brought by a parent or a person who has parental responsibility for the child, or the matter is one which should have been dealt with by way of an order for separate representation of the child. Special medical procedures Legal aid will be granted for the separate representation of a child or children in any Family Court case relating to special medical procedures (including sterilisation). Not subject to the means test. Legal aid will be granted to the parents of a child in any Family Court case relating to special medical procedures (including sterilisation), subject to the means test. The Commission will not seek to recover any of the child's representatives costs from the child's parents, irrespective of whether they are legally assisted or not.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.