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Civil Law and Legal Aid
Specific Ages
AT ANY AGE
When can I get legal aid?
You can get legal aid or have a lawyer appointed for you by the court in most legal proceedings. This applies to the Family Court, Youth Court, District and High Courts, Court of Appeal and Supreme Court. If you are 16 or over you can make the application for yourself but if you are under 16 then the person who is assisting you with the court action (i.e. your “litigation guardian”) must usually make the application; in exceptional circumstances an under 16 year old can apply for and be granted legal aid.
(s162 Family Proceedings Act 1980; ss159, 323 Children, Young Persons and their Families Act 1989; s7 Care of Children Act 2004; ss6, 7, 13 Legal Services Act 2000)
When can I bring or defend proceedings in the Family Court?
At any age you can bring proceedings in your own name asking the court to ‘hear an application’ to change the arrangements for your legal care. The court will decide whether or not to hear the application. If it refuses, you can ask to be placed under the guardianship of the court, so that the court decides on your care and so forth. If you are married you can apply for dissolution of your marriage at any age.
(s158 Family Proceedings Act 1980; ss31(2)(e) and 47(1)(e) Care of Children Act 2004)
If my parents are arguing over access or custody can someone put across my point of view?
Yes. A lawyer, called “Counsel for the Child” can be appointed by the Court to represent you in any family proceedings (other than adoption). You do not have to pay for their services. Sometimes a psychologist will be appointed to interview you and write a report for the Judge about your circumstances.
(s162 Family Proceedings Act 1980; s37A Property (Relationships) Act 1976; ss 6 and 7 Care of Children Act 2004)
Can I bring a claim against someone for money owed?
If you are bringing a claim (i.e. suing) for wages owed to you, you can sue in your own name without an adult representative. An adult representative is called a “litigation guardian” (and used to be known as a “guardian ad litem” or “next friend”). If you are under 18 and unmarried you must usually have a litigation guardian bring the claim on your behalf. However, under some Acts (of Parliament) you are allowed to bring a claim yourself. If you are not, you can still ask the judge for special permission (called asking for “the leave of the Court”) to bring the claim yourself; the judge may allow you to if she or he is satisfied that you are capable of making the decisions that will be necessary during the case.
(s50 District Courts Act 1947; rules 84 to 98 District Court Rules 1992)
AT ANY AGE
When can I get legal aid?
You can get legal aid or have a lawyer appointed for you by the court in most legal proceedings. This applies to the Family Court, Youth Court, District and High Courts, Court of Appeal and Supreme Court. If you are 16 or over you can make the application for yourself but if you are under 16 then the person who is assisting you with the court action (i.e. your “litigation guardian”) must usually make the application; in exceptional circumstances an under 16 year old can apply for and be granted legal aid.
(s162 Family Proceedings Act 1980; ss159, 323 Children, Young Persons and their Families Act 1989; s7 Care of Children Act 2004; ss6, 7, 13 Legal Services Act 2000)
When can I bring or defend proceedings in the Family Court?
At any age you can bring proceedings in your own name asking the court to ‘hear an application’ to change the arrangements for your legal care. The court will decide whether or not to hear the application. If it refuses, you can ask to be placed under the guardianship of the court, so that the court decides on your care and so forth. If you are married you can apply for dissolution of your marriage at any age.
(s158 Family Proceedings Act 1980; ss31(2)(e) and 47(1)(e) Care of Children Act 2004)
If my parents are arguing over access or custody can someone put across my point of view?
Yes. A lawyer, called “Counsel for the Child” can be appointed by the Court to represent you in any family proceedings (other than adoption). You do not have to pay for their services. Sometimes a psychologist will be appointed to interview you and write a report for the Judge about your circumstances.
(s162 Family Proceedings Act 1980; s37A Property (Relationships) Act 1976; ss 6 and 7 Care of Children Act 2004)
Can I bring a claim against someone for money owed?
If you are bringing a claim (i.e. suing) for wages owed to you, you can sue in your own name without an adult representative. An adult representative is called a “litigation guardian” (and used to be known as a “guardian ad litem” or “next friend”). If you are under 18 and unmarried you must usually have a litigation guardian bring the claim on your behalf. However, under some Acts (of Parliament) you are allowed to bring a claim yourself. If you are not, you can still ask the judge for special permission (called asking for “the leave of the Court”) to bring the claim yourself; the judge may allow you to if she or he is satisfied that you are capable of making the decisions that will be necessary during the case.
(s50 District Courts Act 1947; rules 84 to 98 District Court Rules 1992)
YouthLaw |
Latest page update: made by YouthLaw
, Sep 8 2010, 8:59 PM EDT
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