ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 15: Children who are parties to family proceedings
866.Paragraph 15 refers to civil legal services for children in relation to family proceedings. Sub-paragraph (1)(a) to (c) lists the types of instances when civil legal aid may be provided, for example where the child is, or proposes to be the applicant or respondent to the proceedings, or when the child is made a party to proceedings by the court under Rule 16.2 of the Family Procedure Rules 2010.
867.Sub-paragraph (3)(a) defines proceedings as family proceedings if they arise out of a family relationship, and sub-paragraph (3)(b) and (c) defines “family relationship” (giving it the same broad meaning as in paragraph 11) for the purpose of this paragraph. Sub-paragraph (4) provides that cases arising out of a family relationship include proceedings arising under a family enactment (“family enactment” having by virtue of sub-paragraph (5) the same meaning as in paragraph 12), and gives the Lord Chancellor a power to set out in regulations when matters arise out of a family relationship.
868.Sub-paragraph (5) defines a “child” as a person under the age of 18.