Guideline 1.6 – advice and negotiation for child litigants in parenting disputes

Guideline

VLA may make a grant of assistance for advice and negotiation for a child litigant in a parenting dispute, where:

1. the child litigant does not have an existing grant of assistance relating to the current dispute
   and
2. the dispute may be resolved through advice, negotiation and exchange of letters
   and
3. the following threshold tests are met:

• forum test
• substantial issue in dispute test
• Commonwealth merits test.

and

4. VLA are satisfied that:
   1. it is appropriate for the child litigant to participate in the negotiations
      and
   2. the parent, or person with parental responsibility who would otherwise make the application is genuinely unwilling or unable to do so.

Other mandatory requirements

As well as the requirements set out in Guideline 1.6, additional criteria apply in the following circumstances:

Discharge or vary orders

Where the person is applying for assistance to discharge or vary existing parenting orders, there must also have been a significant change in circumstances since the parenting order was made.

If the significant change in circumstances has been caused by the applicant, we will consider the circumstances surrounding that change in deciding whether it is appropriate to make a grant of legal assistance to the applicant.