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Family Legal Aid

If you cannot afford a lawyer, you may be eligible for legal aid.  The New Brunswick Legal Aid Services Commission helps individuals with low income deal with family law matters. This is referred to as “family legal aid”.  The booklet entitled “Legal Aid in New Brunswick: Providing legal help for people with low incomes", provides information about the criminal and family law services offered by Legal Aid.  It also outlines the criteria that used to determine eligibility for representation."

Family Legal Aid Services Available

Legal Aid gives priority to screening those cases that are urgent or can directly benefit children.  Eligibility is based on a financial means assessment and the nature of your legal problem.  If you qualify, the following domestic legal aid services may be available:

Family Duty Counsel: If you are a respondent who is appearing at a first hearing in family court for a support application or variation, you can talk to family duty counsel before the hearing. Duty Counsel can also advise you in cases of judicial enforcement or child protection matters made by the Minister of Social Development. Duty Counsel lawyers do not represent you in court.

Child Protection Proceedings:  If the Minister of Social Development is asking the court for a supervisory order, custody or permanent guardianship of your child, you can apply for legal aid. If you meet the financial eligibility criteria you may receive a certificate to have a lawyer represent you. 

Child and Spousal Support:  If you meet the financial eligibility criteria, the Family Solicitor can help you to obtain child and/or spousal support. They may also be able to help you change (vary) a child support order if it was made under the Family Services Act.  As well, the Family Solicitor can help a parent receiving child support respond to a motion by the other party to change it.

Custody and Access: If you are eligible, the Family Solicitor may be able to handle your application for custody or access of the children.

Family Advice Lawyer: Family Advice Lawyers are available at the new Family Law Information Centre in Saint John. If you live in that region, call 658-2261 for an appointment for up to one hour of consultation on how the court works, the rules of court and the forms you must file in family law actions. You can also get general information on family law matters. Individuals in other regions can call toll free 1-855-266-0266 to find out if there are Family Advice Lawyers available in their area.  

Family Legal Aid Services Not Available

Family law matters NOT covered by Legal Aid include, for example:

• Applications for Divorce proceedings
• Variation of any order made under the Divorce Act (including child support)
• Division of marital property
• Variation of spousal support

List of Legal Aid Offices (Family Legal Aid)

Contact the New Brunswick Legal Aid Services Commission office nearest you for more information or to apply for family legal aid. Or visit the Legal Aid website at www.legalaid.nb.ca

Family Violence Prevention Services: Find contact numbers for shelters and outreach services related to violence against women in your region - Transition Houses, Outreach workers and Moving Forward services. Click on the map of New Brunswick at this site: http://www.gnb.ca/0012/violence/map-e.asp 

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