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Not everyone can afford legal help. The situation is far worse when someone needs legal assistance in case of a family matter. But not to worry! You can get legal aid for any family law problem, family and child law solicitors at Wilson Browne Solicitors. All you need is the proper connection and precise application process.

If you don’t have any information on this topic, start giving attention. We, Moose Jaw family law lawyers, will tell you how to get legal aid for a family law problem.

Let’s start with the definition of legal aid first.

What is legal aid?

Legal aid is helping people with law assistance at the lowest cost or even free of charge. It allows all people with limited resources but wishing to assert their rights in court to benefit from the assistance of a lawyer.

This aid can be total or partial depending on the resources of the beneficiary of legal assistance.

Am I eligible for legal aid for a family law problem?

Irrespective of the problem, anyone has the right to get legal aid if they fulfill the criteria. Therefore, family law is not alien in this case.

Legal aid is granted if:

  • Resources are below a ceiling set by the Province;
  • The proposed legal action is not prohibited or baseless;
  • The litigant does not have legal protection insurance covering the costs.

When the Legal Aid is free, the benefit of legal aid is granted up to 100%. And the auxiliaries of justice will then be fully compensated by the Province.

Suppose Legal Aid is partial, the govt. Will cover the costs up to the percentage announced by the Legal Aid decision. The lawyer will submit to his client a fee agreement.

The following family matters are eligible to get legal aid:

  1. Family mediation: in case of divorce or separation, you will get real help from the aid. The legal aid will help you resolve the matters of custody, alimony, financial division, etc.
  2. Victim support: if you are a victim of domestic violence, molestation, or harassment, you can seek help from legal aid. The lawyers will give full support to help you get out of the situation or even get a restraining order.
  3. Child support: the lawyers will also take action to help any child involved. The legal aid will ensure the child’s safety, living arrangements and resolve any other issues.
  4. Forced marriage: the legal aid is firmly against child marriage or forced marriage and offers to help the victim in the situation.
  5. Other issues: you can seek legal aid-
  6. If your child is taken away illegally without permission,
  7. If social services take your child without your consent,
  8. If your child may be at risk of any violence.
  9. Exceptional cases: it is an important fact but somewhat very rare.

How to get legal aid for a family law problem?

There are several steps before getting to the final part. Below, we tried to show the process step by step.

Step 1: Ensure the validity of your case

The first and foremost thing to do is make sure your case is valid and falls under the authority’s regulations. We have discussed the eligibility and criteria earlier in the article. Check them. Research a bit more. Talk to other recipients of legal aid to have all the information.

Step 2: gather materials

Here, materials are all kinds of documents, proofs, evidence, or anything that will help you in your case. For example, if you are in a joint financial situation, keep the records.

Important note: if you or your child is a victim of abuse, violence, or harassment, there is no need for any proof. (The abuse can be physical, verbal, and emotional). Instead, you can directly go to the next step.

Step 3: Check your financial eligibility.

Legal aid is only available to those who are unable to pay for the lawyers. So, check your financial status and make sure it falls under the financial criteria to get legal aid.

Step 4: Apply for Legal aid.

Now that you know if you are eligible, apply for legal aid. You can either contact the civil legal Advice or directly a solicitor. He will apply for funding.

Step 4: The Choice of The Lawyer

 If you are granted funding, you are entitled to the lawyer of your choice. In addition, a lawyer chosen by you can be compensated through legal aid if you meet the conditions.

Withdrawal of the Legal Aid?

Withdrawal of the aid is possible, in whole or in part:

– When the beneficiary’s resources would be significantly increased;

– When the beneficiary no longer justifies the benefit of legal aid.

– If the court considers that the procedure for which the beneficiary obtained the aid is abusive.

Withdrawal of the aid makes immediately payable, within certain limits, the costs from which the beneficiary has been exempted. The authority can ask him to reimburse the sums he has paid.

If the aid is withdrawn, the beneficiary’s lawyer can claim fees.

Final thought

The core purpose of legal aid is to help the underprivileged and needy people legally. It makes the law available to everyone irrespective of their financial status. So, if you are entangled in family matters but lacking funds, go for legal aid.

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