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Free Legal Aid for somebody living outside the country

  • 25-12-2018 7:02am
    #1
    Closed Accounts Posts: 1,543 ✭✭✭


    Can someone from outside the Irish jurisdiction claim free legal aid in Ireland?


Comments

  • Closed Accounts Posts: 907 ✭✭✭Under His Eye


    Civil or criminal?


  • Closed Accounts Posts: 1,543 ✭✭✭Dante7


    Civil or criminal?

    Civil. Family law.


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Dante7 wrote: »
    Civil. Family law.

    Only if you are in the EU but not Denmark.
    Incidentally, it’s not free.
    Here is the form

    https://www.legalaidboard.ie/en/our-services/legal-aid-services/faqs/eu-legal-aid-application-form.pdf


  • Closed Accounts Posts: 1,543 ✭✭✭Dante7


    splinter65 wrote: »
    Only if you are in the EU but not Denmark.
    Incidentally, it’s not free.
    Here is the form

    https://www.legalaidboard.ie/en/our-services/legal-aid-services/faqs/eu-legal-aid-application-form.pdf

    Thanks, but it's not clear there if you are an Irish citizen living abroad about whether it can be applied for.


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    Dante7 wrote: »
    Thanks, but it's not clear there if you are an Irish citizen living abroad about whether it can be applied for.
    Are you trying to have free legal aid from Ireland represent you in a foreign country?


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  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Dante7 wrote: »
    Thanks, but it's not clear there if you are an Irish citizen living abroad about whether it can be applied for.

    https://www.legalaidboard.ie/en/our-services/legal-aid-services/legal-aid-in-other-eu-member-states/

    All the answers are there.


  • Closed Accounts Posts: 1,543 ✭✭✭Dante7


    splinter65 wrote: »

    Thanks. I'm not the person living abroad, I am the Irish resident who would be the other party in the case. Going by that link, there is a form that a non EU resident can complete, so it looks like non residents can indeed apply for legal aid here. That leaves me with the question of whether they can apply for legal aid on an ex parte basis without the other party knowing, and then the other party being presented with a case at short notice, facing full representation, while not having the resources to pay for representation themselves.


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    You may like anyone else receive a summons at short notice but it’s in order for you to apply immediately to your nearest legal aid board for legal aid and then turn up at court on the day and tell the clerk that you have applied for legal aid, are waiting for your application to be processed and have no one to represent you. Your hearing will be adjourned to allow time for you to prepare.
    That is my experience of people in your position.


  • Closed Accounts Posts: 1,543 ✭✭✭Dante7


    splinter65 wrote: »
    You may like anyone else receive a summons at short notice but it’s in order for you to apply immediately to your nearest legal aid board for legal aid and then turn up at court on the day and tell the clerk that you have applied for legal aid, are waiting for your application to be processed and have no one to represent you. Your hearing will be adjourned to allow time for you to prepare.
    That is my experience of people in your position.

    Thanks, that's very useful information. I am slightly concerned that if a date is set at short notice that the other party will turn up and claim that the hearing should go ahead as they can't afford to pay for further flights. This happened at a previous hearing six years ago when we sought an adjournment to disclose medical records, and the Judge was about to dismiss it until I offered to pay for the additional flights. I'm not in a position to do that this time and would be relying on legal aid myself now.


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Dante7 wrote: »
    Thanks, that's very useful information. I am slightly concerned that if a date is set at short notice that the other party will turn up and claim that the hearing should go ahead as they can't afford to pay for further flights. This happened at a previous hearing six years ago when we sought an adjournment to disclose medical records, and the Judge was about to dismiss it until I offered to pay for the additional flights. I'm not in a position to do that this time and would be relying on legal aid myself now.

    Well all I can tell you is that in the county I live in the court clerk would adjourn the hearing until you had representation. If you ring your local district court clerk they might give you more information. Or FLAC.


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