Clause Code : RF13

Recovery order refusal (applicants)

Clause type: Refusal

Solicitor clause wording

Legal aid is only available to make an application for a recovery order where: • There is a final order which provides that your client’s child or children live with your client and the child or children have been living with your client, and • The child or children have been removed or not returned to your client, and • Your client has made attempts to recover the child and • There appears to be no valid reason for the other party to retain the child in their care, and • The matter is urgent or inappropriate for a family dispute resolution conference, or • Your client has already made a genuine attempt to resolve the dispute with the other party without going to court. Based on the information provided, we are not satisfied that your client meets the criteria for funding.

Client clause wording

Legal aid is only available to make an application for a recovery order where: • There is a final order which provides that your child or children live with you and the child or children have been living with you, and • The child or children have been removed or not returned to you, and • You have made attempts to recover the child and • There appears to be no valid reason for the other party to retain the child in their care, and • The matter is urgent or inappropriate for a family dispute resolution conference, or • You have already made a genuine attempt to resolve the dispute with the other party without going to court. Based on the information provided, we are not satisfied that you meet the criteria for funding.