Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of ensuring parity of access to public funds for (a) domestic and (b) overseas applicants for child arrangement orders.

Court and tribunal fees do not vary depending on whether the applicant resides in England and Wales or overseas. The Help with Fees remission scheme is available for those who are less able to reasonably afford a court or tribunal fee. Providing that the application is made in English or Welsh, and the applicants’ income is in pound sterling, eligibility for a full or partial fee remission is not affected by whether the applicant resides in England and Wales or overseas. The only exception relates to proceedings taking place in the Immigration & Asylum chamber of the First-tier Tribunal, for which only in-country applicants can apply for Help with Fees.

Similarly, access to legal aid is determined by the jurisdiction of the court (i.e. whether the relevant proceedings are before a court in England and Wales), rather than where an applicant is residing. In private family proceedings, legal aid is available for matters such as child arrangement orders, financial remedy proceedings and divorce if you are a victim of domestic abuse or at risk of being abused. Legal aid is also available for child arrangements orders sought as protection measures for children. Funding is subject to providing the required evidence and passing the means and merits tests.