For legal aid to be granted to make a grant of legal assistance for consent orders the following tests must be satisfied:
Application received from client
Applicants seeking a grant of legal assistance should forward the following documents for assessment:
- A completed and signed Legal Aid application form.
- Proof of income and assets (refer to the means test).
- Details as to how you meet the above assessment criteria.
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance must electronically submit an application for aid through Grants Online with the details as to how the applicant meets the guidelines for consent orders.
The practitioner must also ensure that the following documents are retained on file:
Refer to the interpretation of vulnerable client in guideline 4.1 - assistance for parenting orders.
All of the parties involved agree on the arrangements
Legal aid is not available for assistance with consent orders if the parties are not in agreement on the arrangements.
If the parties are not in agreement, the applicant should refer to the following pages:
Formal orders are necessary
Legal aid is only available for assistance with consent orders if Legal Aid Queensland considers that formal orders are necessary.
Examples of when Legal Aid Queensland may consider that formal orders are necessary are as follows:
- Where the applicant for aid is not a parent of the child and they require formal orders to allow them to enrol the child in school or attend medical appointments.
- Where the parents of the child agree that the child should live with the grandparents and they require formal orders so that the grandparents can receive the parenting payments.
The applicant for assistance cannot obtain appropriate legal assistance from any other source.
There are a number of organisations throughout Queensland that may be able to assist applicants with consent orders such as:
- Community Legal Centres
- Family Relationship Centres
- Family Court
Legal Aid Queensland may consider the applicant for assistance cannot obtain appropriate legal assistance from any other source when:
- There are no community legal centres where the client lives.
- The client has attempted to obtain legal assistance from a number of organisations without success.
- The applicant has special circumstances as outlined in the Commonwealth legal aid service priorities.
Grant(s) of aid
The grant of aid for consent orders is FCON
Review of decisions
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).