Separate Representation of Children Separate representation of children If all parties receiving legal aid Legal aid may be granted for separate representation of a child in proceedings in relation to which all parties are receiving legal aid if · a court requests the Commission to arrange the separate representation, and · the Commission decides that it is reasonable to provide separate representation. Note: A court order that a child’s representative be appointed in a matter does not impose an obligation on a Commission to grant legal aid for separate representative. Legal aid is not subject to the means test. If a party is not receiving legal aid Legal aid may be granted for separate representation of a child in proceedings in relation to which a party is not receiving legal aid. Legal aid is not subject to the means test. If legal aid is granted for separate representation in proceedings in relation to which a party is not receiving legal aid, the Commission must: · notify each party not receiving legal aid that each may be required to pay an equal portion of the total costs and disbursements of the separate representative; and · unless the Commission decides to waive or reduced the payment, require each party to pay the amount in the manner decided by the Commission, having regard to the party’s capacity to pay. Note: The requirement for payment does not apply to proceedings relating to special medical procedures If a party refuses or fails to pay the amount required by the Commission, legal aid should continue to be provided on the condition that the separate representative seek an order for costs against the party at an appropriate time in the proceedings.Legal aid is available for Separate Representation of Children in matters arising under the Family Law Act 1975. Child representation generally If legal aid is granted, the child's representative must advise the Commission if the utility of the order for child's representation has expired. Aid will be withdrawn if the Commission is no longer satisfied that the representation of the child will make a difference to the outcome of the proceedings or to the welfare of the child. Unless previously terminated, the grant of legal aid to a child's representative is terminated when final orders are made. If exceptional circumstances exist, the grant of legal aid can be continued for a period not exceeding twelve months from the date of making final orders. Order 30A reports If any party to the proceedings is legally aided, the child's representative must obtain prior approval from the Commission before seeking an Order 30A Report. An Order 30A report will only be approved if there is a psychiatric issue involved there is an allegation of abuse which needs further investigation by the Court, or the General Manager, Family Law is satisfied that exceptional circumstances exist. If any party to the proceedings is not legally aided, the child's representative must seek an order from the Court that the parties to the proceedings pay the costs of obtaining the Order 30A Report, and ensure that the parties pay the costs before ordering the report. Unrepresented parents If one or both parents is unrepresented, this alone is not a reason to provide a grant of legal aid for a child's representation.

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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.