LEGAL AID
Generally applicants will incur no cost when making an
application under either The Hague or European Conventions.
Expenses incurred when returning a child to Scotland are
not normally covered by Central Authorities. In some cases
an order for travel costs can be made against the person
who has taken the child.
A number of contracting states provide free legal
services for pursuing applications. Often free legal aid
is granted to the applicant parent to allow a solicitor to
be instructed, via the requested Central Authority. In
other member states it may be a public official, such as a
District Attorney or Public Prosecutor who will act on the
applicant's behalf. Details on the availability of legal
aid in specific member states can be requested from the
Central Authority for Scotland.
All incoming cases accepted by the Central Authority for
Scotland qualify for automatic non means tested legal
aid. The Central Authority for Scotland once in receipt of
a new case request the Law Society of Scotland to nominate
a solicitor who is experienced in child abduction cases.
If the child is ordered to return to the requesting state,
legal aid will normally cover the travel costs.