In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Family law
END OF Family law
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
For legal aid to be granted for an international child abduction matter, the following tests must be satisfied:
If the matter has or will exceed the cap as outlined in guideline 18.2 – limit on costs, the matter will be referred to a grants manager for consideration.
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online System with details of how the applicant meets the guidelines for international child abduction matters and copies of any relevant documentation.
The following documents are to be retained on file but may be requested by Legal Aid Queensland:
Legal aid is not available for applicants who are seeking to make an application under the Hague Convention for the return of a child as assistance is available through either:
In determining an applicants prospects of success, Legal Aid Queensland will consider whether the removal or retention of a child was lawful.
Legal Aid Queensland may consider that an applicant will not have reasonable prospects of success where:
Grants of aid for international child abduction matters will be funded in accordance with the family law stage model for parenting disputes.
Solicitors may also request additional funding outside the stage model; the criteria applied to these requests are contained with nature and extent of funding.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).