Electronic Legal Aid Newsletter
March 26, 2010

LSS services update: Current family law representation guidelines

LSS guidelines for family law representation (getting a lawyer) have undergone several changes over the past year. To help bring you up to date, here is a brief description of current family law coverage guidelines for extended services (as of March 26, 2010).

Your clients can get legal aid lawyers to represent them in family law cases in emergency situations: for example, if they need an immediate court order to ensure their own or their children's safety and security, or are seriously being denied access to their children.

Although LSS expects clients and lawyers to advance each case as much as possible under the initial family law referral, there are circumstances that allow for the lawyer to spend additional time on a particular case (including going to court). LSS may consider "extended services" justified if the case is high conflict and involves serious legal issues, or because resolving the case would make a significant difference to the client or his/her children (and all other reasonable efforts to resolve the case have been made). LSS also considers whether or not the case is likely to succeed. The lawyer must apply to LSS for the extended services.

To be eligible for extended services, your client must have a current legal aid referral and continue to qualify for legal aid but require assistance beyond the standard referral.

Specifically, LSS considers the following criteria:

  • The case involves significant contested issues involving sexual, mental, or physical abuse of the client or his/her children.
  • The other party is using the justice system to continue a pattern of abuse.
  • There is a significant risk that the client will be alienated from his/her children.
  • The client or his/her children may be at physical or psychological risk if the lawyer cannot continue to provide representation.
  • Resolving custody/access issues will have a significant positive impact on the relationship between the client and his/her child or the environment in which the child is raised.
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