|
| |
|
Family homes and domestic violence |
| |
13 (1) | Civil legal services provided in relation to home rights, occupation orders |
| |
and non-molestation orders under Part 4 of the Family Law Act 1996. |
| |
(2) | Civil legal services provided in relation to the following in circumstances |
| |
arising out of a family relationship— |
| 5 |
(a) | an injunction following assault, battery or false imprisonment; |
| |
(b) | the inherent jurisdiction of the High Court to protect an adult. |
| |
| |
(3) | Sub-paragraphs (1) and (2) are subject to— |
| |
(a) | the exclusions in Part 2 of this Schedule, with the exception of |
| 10 |
paragraphs 3 and 11 of that Part, and |
| |
(b) | the exclusion in Part 3 of this Schedule. |
| |
| |
(4) | For the purposes of this paragraph— |
| |
(a) | there is a family relationship between two people if they are |
| 15 |
associated with each other, and |
| |
(b) | “associated” has the same meaning as in Part 4 of the Family Law Act |
| |
1996 (see section 62 of that Act). |
| |
(5) | For the purposes of this paragraph, the Lord Chancellor may by regulations |
| |
make provision about when circumstances arise out of a family relationship. |
| 20 |
Victims of domestic violence and family matters |
| |
14 (1) | Civil legal services provided to an adult (“A”) in relation to a matter arising |
| |
out of a family relationship between A and another individual (“B”) where— |
| |
(a) | there has been, or is a risk of, domestic violence between A and B, |
| |
| 25 |
(b) | A was, or is at risk of being, the victim of that domestic violence. |
| |
| |
(2) | Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with |
| |
the exception of paragraph 11 of that Part. |
| |
(3) | But the exclusions described in sub-paragraph (2) are subject to the |
| 30 |
exception in sub-paragraph (4). |
| |
(4) | The services described in sub-paragraph (1) include services provided in |
| |
relation to conveyancing, but only where— |
| |
(a) | the services in relation to conveyancing are provided in the course of |
| |
giving effect to a court order made in proceedings, and |
| 35 |
(b) | services described in that sub-paragraph (other than services in |
| |
relation to conveyancing) are being or have been provided in relation |
| |
to those proceedings under arrangements made for the purposes of |
| |
| |
(5) | Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule. |
| 40 |
| |
(6) | The services described in sub-paragraph (1) do not include services |
| |
provided in relation to a claim in tort in respect of the domestic violence. |
| |
| |
|
| |
|
| |
|
(7) | For the purposes of this paragraph— |
| |
(a) | there is a family relationship between two people if they are |
| |
associated with each other, and |
| |
(b) | “associated” has the same meaning as in Part 4 of the Family Law Act |
| |
1996 (see section 62 of that Act). |
| 5 |
(8) | For the purposes of this paragraph— |
| |
(a) | matters arising out of a family relationship include matters arising |
| |
under a family enactment, and |
| |
(b) | (subject to paragraph (a)) the Lord Chancellor may by regulations |
| |
make provision about when matters arise out of a family |
| 10 |
| |
| |
“abuse” means any incident or repeated incidents of threatening |
| |
behaviour, violence or abuse (whether psychological, physical, |
| |
sexual, financial or emotional, and including acts of neglect, |
| 15 |
maltreatment, exploitation or acts of omission) between adults who |
| |
are or have been intimate partners or family members, regardless of |
| |
| |
“adult” means a person aged 18 or over; |
| |
“domestic violence” means threatening behaviour, violence or abuse |
| 20 |
(whether psychological, physical, sexual, financial or emotional) |
| |
between individuals who are associated with each other; |
| |
“family enactment” means— |
| |
(a) | section 17 of the Married Women’s Property Act 1882 |
| |
(questions between husband and wife as to property); |
| 25 |
(b) | the Maintenance Orders (Facilities for Enforcement) Act |
| |
| |
(c) | the Maintenance Orders Act 1950; |
| |
(d) | the Maintenance Orders Act 1958; |
| |
(e) | the Maintenance Orders (Reciprocal Enforcement) Act 1972; |
| 30 |
(f) | Schedule 1 to the Domicile and Matrimonial Proceedings Act |
| |
1973 (staying of matrimonial proceedings) and |
| |
corresponding provision in relation to civil partnerships |
| |
made by rules of court under section 223 of the Civil |
| |
| 35 |
(g) | the Matrimonial Causes Act 1973; |
| |
(h) | the Inheritance (Provision for Family Dependants) Act 1975; |
| |
(i) | the Domestic Proceedings and Magistrates’ Courts Act 1978; |
| |
(j) | Part 3 of the Matrimonial and Family Proceedings Act 1984 |
| |
(financial relief after overseas divorce etc); |
| 40 |
(k) | Parts 1 and 3 of the Family Law Act 1986 (child custody and |
| |
| |
(l) | Parts 1 and 2 of the Children Act 1989 (orders with respect to |
| |
children in family proceedings); |
| |
(m) | section 53 of, and Schedule 7 to, the Family Law Act 1996 |
| 45 |
(transfer of tenancies on divorce etc or separation of |
| |
| |
(n) | Chapters 2 and 3 of Part 2 of the Civil Partnership Act 2004 |
| |
(dissolution, nullity and other proceedings and property and |
| |
| 50 |
|
| |
|
| |
|
(o) | section 54 of the Human Fertilisation and Embryology Act |
| |
2008 (applications for parental orders). |
| |
(10) | For the purposes of this paragraph, evidence that abuse has occurred may |
| |
consist of one or more of the following (without limitation)— |
| |
(a) | a relevant court conviction or police caution; |
| 5 |
(b) | a relevant court order (including without notice, ex parte, interim or |
| |
final orders), including a non-molestation undertaking or order, |
| |
occupation order, forced marriage protection order or other |
| |
| |
(c) | evidence of relevant criminal proceedings for an offence concerning |
| 10 |
domestic violence or a police report confirming attendance at an |
| |
incident resulting from domestic violence; |
| |
(d) | evidence that a victim has been referred to a multi-agency risk |
| |
assessment conference, as a high risk victim of domestic violence, |
| |
and a plan has been put in place to protect that victim from violence |
| 15 |
| |
(e) | a finding of fact in the family courts of domestic violence by the other |
| |
party giving rise to the risk of harm to the victim; |
| |
(f) | a medical report from a doctor at a UK hospital confirming that the |
| |
applicant has injuries or a condition consistent with being a victim of |
| 20 |
| |
(g) | a letter from a General Medical Council registered general |
| |
practitioner confirming that he or she has examined the applicant |
| |
and is satisfied that the applicant had injuries or a condition |
| |
consistent with those of a victim of domestic violence; |
| 25 |
(h) | an undertaking given to a court by the alleged perpetrator of the |
| |
abuse that he or she will not approach the applicant who is the victim |
| |
| |
(i) | a letter from a social services department confirming its involvement |
| |
in providing services to the applicant in respect of allegations of |
| 30 |
| |
(j) | a letter of support or a report from a domestic violence support |
| |
| |
(k) | other well-founded documentary evidence of abuse, such as from a |
| |
counsellor, midwife, school or witness. |
| 35 |
Protection of children and family matters |
| |
15 (1) | Civil legal services provided to an adult (“A”) in relation to the following |
| |
orders and procedures where the child who is or would be the subject of the |
| |
order is at risk of abuse from an individual other than A— |
| |
(a) | orders under section 4(2A) of the Children Act 1989 (“the 1989 Act”) |
| 40 |
(removal of father’s parental responsibility); |
| |
(b) | orders under section 6(7) of the 1989 Act (termination of |
| |
appointment of guardian); |
| |
(c) | orders mentioned in section 8(1) of the 1989 Act (residence, contact |
| |
| 45 |
(d) | special guardianship orders under Part 2 of the 1989 Act; |
| |
(e) | orders under section 33 of the Family Law Act 1986 (“the 1986 Act”) |
| |
(disclosure of child’s whereabouts); |
| |
(f) | orders under section 34 of the 1986 Act (return of child); |
| |
|
| |
|
| |
|
(g) | any other orders or procedures under an enactment relating to |
| |
children that are prescribed for the purposes of this paragraph. |
| |
| |
(2) | Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this |
| |
| 5 |
| |
| |
“abuse” means physical or mental abuse, including— |
| |
| |
(b) | abuse in the form of violence, neglect, maltreatment and |
| 10 |
| |
“adult” means a person aged 18 or over; |
| |
“child” means a person under the age of 18. |
| |
(4) | For the avoidance of doubt, no time limit shall operate in relation to any |
| |
evidence supporting an application for civil legal services under paragraphs |
| 15 |
| |
Mediation in family disputes |
| |
16 (1) | Mediation provided in relation to family disputes. |
| |
(2) | Civil legal services provided in connection with the mediation of family |
| |
| 20 |
| |
(3) | Sub-paragraphs (1) and (2) are subject to the exclusions in Part 2 of this |
| |
Schedule, with the exception of paragraph 11 of that Part. |
| |
(4) | But the exclusions described in sub-paragraph (3) are subject to the |
| |
exception in sub-paragraph (5). |
| 25 |
(5) | The services described in sub-paragraph (2) include services provided in |
| |
relation to conveyancing, but only where— |
| |
(a) | the services in relation to conveyancing are provided in the course of |
| |
giving effect to arrangements for the resolution of a family dispute, |
| |
| 30 |
(b) | services described in that sub-paragraph or sub-paragraph (1) (other |
| |
than services in relation to conveyancing) are being or have been |
| |
provided in relation to the dispute under arrangements made for the |
| |
purposes of this Part of this Act. |
| |
(6) | Sub-paragraphs (1) and (2) are subject to the exclusion in Part 3 of this |
| 35 |
| |
| |
(7) | For the purposes of this paragraph— |
| |
(a) | a dispute is a family dispute if it is a dispute between individuals |
| |
about a matter arising out of a family relationship between the |
| 40 |
| |
(b) | there is a family relationship between two individuals if they are |
| |
associated with each other, and |
| |
(c) | “associated” has the same meaning as in Part 4 of the Family Law Act |
| |
1996 (see section 62 of that Act). |
| 45 |
|
| |
|
| |
|
(8) | For the purposes of this paragraph— |
| |
(a) | matters arising out of a family relationship include matters arising |
| |
under a family enactment, and |
| |
(b) | (subject to paragraph (a)) the Lord Chancellor may by regulations |
| |
make provision about when matters arise out of a family |
| 5 |
| |
| |
“child” means a person under the age of 18; |
| |
“family enactment” has the meaning given in paragraph 14. |
| |
Children who are parties to family proceedings |
| 10 |
17 (1) | Civil legal services provided to a child in relation to family proceedings— |
| |
(a) | where the child is, or proposes to be, the applicant or respondent; |
| |
(b) | where the child is made a party to the proceedings by a court under |
| |
rule 16.2 of the Family Procedure Rules; |
| |
(c) | where the child is a party to the proceedings and is conducting, or |
| 15 |
proposes to conduct, the proceedings without a children’s guardian |
| |
or litigation friend in accordance with rule 16.6 of the Family |
| |
| |
| |
(2) | Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this |
| 20 |
| |
| |
(3) | For the purposes of this paragraph— |
| |
(a) | proceedings are family proceedings if they relate to a matter arising |
| |
out of a family relationship, |
| 25 |
(b) | there is a family relationship between two individuals if they are |
| |
associated with each other, and |
| |
(c) | “associated” has the same meaning as in Part 4 of the Family Law Act |
| |
1996 (see section 62 of that Act). |
| |
(4) | For the purposes of this paragraph— |
| 30 |
(a) | matters arising out of a family relationship include matters arising |
| |
under a family enactment, and |
| |
(b) | (subject to paragraph (a)) the Lord Chancellor may by regulations |
| |
make provision about when matters arise out of a family |
| |
| 35 |
| |
“child” means a person under the age of 18; |
| |
“family enactment” has the meaning given in paragraph 14. |
| |
| |
18 (1) | Civil legal services provided in relation to forced marriage protection orders |
| 40 |
under Part 4A of the Family Law Act 1996. |
| |
| |
(2) | Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this |
| |
| |
|
| |
|
| |
|
EU and international agreements concerning children |
| |
19 (1) | Civil legal services provided in relation to— |
| |
(a) | an application made to the Lord Chancellor under the 1980 European |
| |
Convention on Child Custody for the recognition or enforcement in |
| |
England and Wales of a decision relating to the custody of a child; |
| 5 |
(b) | an application made to the Lord Chancellor under the 1980 Hague |
| |
Convention in respect of a child who is, or is believed to be, in |
| |
| |
(c) | the recognition or enforcement of a judgment in England and Wales |
| |
in accordance with Article 21, 28, 41, 42 or 48 of the 2003 Brussels |
| 10 |
| |
| |
(2) | Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this |
| |
| |
| 15 |
| |
“the 1980 European Convention on Child Custody” means the |
| |
European Convention on Recognition and Enforcement of Decisions |
| |
concerning Custody of Children and on the Restoration of Custody |
| |
of Children which was signed in Luxembourg on 20 May 1980; |
| 20 |
“the 1980 Hague Convention” means the Convention on the Civil |
| |
Aspects of International Child Abduction which was signed at The |
| |
Hague on 25 October 1980; |
| |
“the 2003 Brussels Regulation” means Council Regulation (EC) |
| |
No. 2001/2003 of 27 November 2003 concerning jurisdiction and the |
| 25 |
recognition and enforcement of judgments in matrimonial matters |
| |
and the matters of parental responsibility. |
| |
(4) | For the purposes of this paragraph, an application is made to the Lord |
| |
Chancellor if it is addressed to the Lord Chancellor or transmitted to the |
| |
Lord Chancellor in accordance with section 3 or 14 of the Child Abduction |
| 30 |
| |
EU and international agreements concerning maintenance |
| |
20 (1) | Civil legal services provided in relation to an application under the |
| |
following for the recognition or enforcement in England and Wales of a |
| |
| 35 |
(a) | the 1968 Brussels Convention; |
| |
(b) | the 1973 Hague Convention; |
| |
(c) | the 1989 Lugano Convention; |
| |
(d) | the 2000 Brussels Regulation; |
| |
(e) | the 2007 Lugano Convention. |
| 40 |
(2) | Civil legal services provided in relation to an application under Article 56 of |
| |
the EU Maintenance Regulation (applications relating to maintenance |
| |
| |
(3) | Civil legal services provided to an individual in relation to proceedings in |
| |
England and Wales relating to the recognition, enforceability or enforcement |
| 45 |
of a maintenance decision in circumstances in which the individual falls |
| |
|
| |
|
| |
|
within Article 47(2) or (3) of the EU Maintenance Regulation (parties who |
| |
benefited from free legal aid etc in Member State of origin). |
| |
| |
(4) | Sub-paragraphs (1) to (3) are subject to— |
| |
(a) | the exclusions in Part 2 of this Schedule, with the exception of |
| 5 |
paragraph 11 of that Part, and |
| |
(b) | the exclusion in Part 3 of this Schedule. |
| |
| |
| |
“the 1968 Brussels Convention” means the Convention on jurisdiction |
| 10 |
and the enforcement of judgments in civil and commercial matters |
| |
(including the Protocol annexed to that Convention) signed at |
| |
Brussels on 27 September 1968; |
| |
“the 1973 Hague Convention” means the Convention on the |
| |
recognition and enforcement of decisions relating to maintenance |
| 15 |
obligations concluded at The Hague on 2 October 1973; |
| |
“the 1989 Lugano Convention” means the Convention on jurisdiction |
| |
and the enforcement of judgments in civil and commercial matters |
| |
(including the Protocols annexed to that Convention) opened for |
| |
signature at Lugano on 16 September 1988 and signed by the United |
| 20 |
Kingdom on 18 September 1989; |
| |
“the 2000 Brussels Regulation” means Council Regulation (EC) No. 44/ |
| |
2001 of 22 December 2000 on jurisdiction and the recognition and |
| |
enforcement of judgments in civil and commercial matters; |
| |
“the 2007 Lugano Convention” means the Convention on jurisdiction |
| 25 |
and enforcement of judgments in civil and commercial matters, |
| |
between the European Community and the Republic of Iceland, the |
| |
Kingdom of Norway, the Swiss Confederation and the Kingdom of |
| |
Denmark signed on behalf of the European Community on 30 |
| |
| 30 |
“the EU Maintenance Regulation” means Council Regulation (EC) No. |
| |
4/2009 of 18 December 2008 on jurisdiction, applicable law, |
| |
recognition and enforcement of decisions and co-operation in |
| |
matters relating to maintenance obligations; |
| |
“maintenance order”, in relation to a convention or regulation listed in |
| 35 |
this paragraph, means a maintenance judgment within the meaning |
| |
of that convention or regulation. |
| |
| |
21 (1) | Civil legal services provided in relation to judicial review of an enactment, |
| |
decision, act or omission. |
| 40 |
| |
(2) | Sub-paragraph (1) is subject to— |
| |
(a) | the exclusions in Part 2 of this Schedule, with the exception of |
| |
paragraphs 1, 2, 3, 4, 5, 6, 8, 12, 15 and 15 of that Part, and |
| |
(b) | the exclusion in Part 3 of this Schedule. |
| 45 |
| Specific exclusion: benefit to individual |
| |
(3) | The services described in sub-paragraph (1) do not include services |
| |
provided to an individual in relation to judicial review that does not have |
| |
|
| |
|