Observations on practice and developments in private international law relating to children and families
Thursday, 5 September 2013
Legal Aid Consultation
The new consultation is out. https://consult.justice.gov.uk/digital-communications/transforming-legal-aid-next-steps/consult_view
My preliminary reading (paras 125 on) suggests that the 1 year residence
(a) The government have said that obligations under EU or international law as specified in Sch 1 LASPO (http://www.legislation.gov.uk/ukpga/2012/10/schedule/1 )will not be covered by the 1 year residence test and will be covered by legal aid. Para 17 of Sch 1 of LASPO covers EU and International Agreements relating to children (which includes 1980 Hague) and so I assume legal aid continues for Hague
(b) Forced Marriage cases will not be covered by the 1 year residence test.
(c) Various child protection cases will not be covered by the 1 year residence test including care (LASPO Sch 1, para 1) child abduction cases (para 10)
(d) Inherent jurisdiction will not be covered by the 1 year residence test.
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