The 4PB ICLG has prepared a response to the current legal aid consultation: http://www.4pb.com/media/PDFs/Transforming_legal_aid_-_4PB_International_Child_Law_Group_Response_to_Consultation_final_.pdf
The focus of the response is on the proposal to introduce a residence test (resident at time of application and residence for 12 months in total in UK at any time).
We conclude that such a requirement would have a major impact on international family law cases, including but not limited to
(a) forced marriage cases,
(b) stranded spouse cases,
(c) non-Hague inherent jurisdiction abduction cases
(d) Hague Convention respondents
(e) reciprocal enforcement applications.
We identify examples of real cases where legal aid would not be available under the proposed changes and where its absence would be likely to have seriously detrimental effects both on the individual children concerned and on the administration of justice.
We recommend that classes of family cases are exempted from the residence requirement.
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