The short answer
An ordinary disagreement between parents about where the children live or how much time they spend with each of you is not funded for a solicitor. It came out of scope in 2013. Funding survives where there is evidence of domestic abuse or a risk to the child, and care proceedings brought by a local authority are funded automatically with no means or merits test.
Key points
- An ordinary contact or residence dispute: no solicitor funding.
- Domestic abuse gateway or child protection gateway: available, subject to means and merits.
- Care proceedings: automatic, no means test, no merits test, for parents.
- Special guardianship came back into scope on 1 May 2023.
- Mediation legal aid covers child arrangements on means alone, and the £500 voucher needs no financial test.
Care proceedings are different, and this matters most
If a local authority applies for a care or supervision order, parents and anyone with parental responsibility get legal aid automatically. There is no means test and no merits test. Your income is irrelevant. Whether your case looks strong is irrelevant.
If a social worker has told you proceedings are being issued, ring a legal aid family firm the same day and say those words. Do not wait, do not assume you have to check whether you can afford it, and do not go to the first hearing unrepresented because nobody told you.
Private disputes between parents
Here the gateways apply. Legal aid is available where you can evidence domestic abuse, or where there is a child protection concern, and you also pass the means and merits tests.
Without one of those, a C100 application about child arrangements is something you fund yourself or do yourself. The court fee is a separate question, and Help with Fees may cover it.
The figures
Evidence accepted for the domestic abuse gateway
The list is broader than most people expect, and there is no longer any time limit on how old the evidence can be. The old five year rule was removed on 8 January 2018. If you were told years ago that your evidence was too old, that advice is out of date.
- A non-molestation order, occupation order or other protective injunction, including an undertaking
- A Domestic Abuse Protection Notice or Order
- A police caution, arrest, charge, conviction or bail conditions
- A letter or report from a GP, nurse, midwife or other health professional
- A health professional’s referral to a domestic abuse service
- A letter from a MARAC, an IDVA or an ISVA
- A letter from a domestic abuse support organisation or a refuge, including one refusing admission because it was full
- A letter from a local authority, a housing association or a housing officer
- A finding of fact made by a court
- Evidence of economic abuse
Evidence on its own does not get you legal aid. It opens the door. You must also be financially eligible and your case must pass the merits test. Where someone is at immediate risk, funding can be granted urgently and the finances checked afterwards.
Source: Legal Aid Agency, evidence requirements for private family law matters. Time limit removed: GOV.UK, 8 January 2018. Checked 5 August 2026.
What is funded well: mediation
Child arrangements is the area where the funding is genuinely good, as long as you are looking at mediation rather than litigation.
- Mediation legal aid covers child arrangements with no gateway. Means test only.
- The £500 voucher was designed for exactly these cases and has no financial test at all.
- If one of you qualifies for legal aid, the MIAM and first joint session are covered for both.
A couple arguing about the children has better funding options than a couple arguing about money, and most of them do not know it.
The figures
The Family Mediation Voucher Scheme
| Question | Answer |
|---|---|
| How much | Up to £500 per family, including VAT |
| Means tested? | No. Your income and savings are irrelevant |
| What it is for | Mediation about child arrangements, or about finances where there is also a child dispute |
| What it does not cover | The MIAM, and preparing documents |
| A finance-only case | Does not qualify |
| Who claims it | Your mediator, who must be authorised by the Family Mediation Council. The money goes to them, not to you |
| Status | Funded for the 2026 to 2027 financial year. No fixed end date, and subject to availability |
Sources: the £500 amount, the child arrangements scope and the fact that it does not cover the MIAM are all confirmed by the Family Mediation Council. That it is not means tested comes from the Ministry of Justice’s own Family Mediation Voucher Scheme Analysis, which states that “access to the voucher scheme is not based on a family’s income or finances and those who are eligible for Legal Aid are not excluded from the scheme”. Checked 5 August 2026. This scheme has been extended several times and could end, so please confirm it is still running before relying on it.
This one is free
A parenting plan costs nothing. There is no court fee and no form to buy. If you can agree arrangements between you, writing them down in a parenting plan is free, and for many families it is enough without any order at all.