Woman set to challenge Legal Aid Board's refusal to pay her legal costs
A woman facing child abduction proceedings has brought a High Court challenge against the Legal Aid Board's refusal to pay her legal costs of defending the action.
The woman, who cannot be be identified for legal reasons, is facing proceedings brought on behalf of the father of two of her children who is seeking the children's return from Ireland to the UK, where he resides.
That action, brought under the Hague Convention on Child Abduction - the international treaty that provides a fast method to return children found to be internationally abducted from one country to another, is currently pending before the High Court.
Today, the High Court heard that the woman, who is opposing the father's application, applied to the board to have her costs of having a solicitor and barrister act on her behalf.
Howeve,r the Legal Aid Board refused the woman's application on the grounds that she has no reasonable grounds of defence.
That decision was appealed, but the board's original refusal stood.
Counsel for the woman Mr Ross Aylward Bl said his client has a number of legal defences to the claim including that the children are settled in Ireland, that the father's claim was brought more than 12 months after they left the UK, and that the UK courts have no jurisdiction over the children, and that if returned to they would be at risk of psychological injuries.
The woman's defences did not seem to be considered by the Board, it was submitted.
The woman also claims that the board's refusal amounts to a breach of fair procedures and is also in breach of the woman's constitutional rights.
In addition counsel said that there is case law that any finding that a defendant in proceedings lacks a reasonable defence is a matter solely for a court and is not a matter for a party such as the Legal Aid Board.
In her judicial review proceedings against the Legal Aid Board, the woman is seeking a number of orders and declarations including an order quashing the Board's refusal to provider her with her legal costs, and a declaration that she is entitled to have such costs covered by the board.
Leave to bring the action was granted on an ex-parte (one side only) basis by Mr Justice Sean Ryan.
The Judge made the matter returnable to a date later this month.
