Legal Aid NSW Reduces Family Law Services Amid Budget Pressure
Legal Aid NSW has announced that it will tighten eligibility for family law representation services following the recent federal budget outcome.
The agency said the budget did not provide the funding needed to maintain current levels of service delivery, with pressure on Legal Aid NSW’s funding reaching what it described as “crisis levels”. According to Katy Kelso, Executive Director of Family Law at Legal Aid, family law advice services have grown by 30 per cent over the past three years.
From 1 July 2026, eligibility for Legal Aid NSW representation in parenting and property proceedings will be strictly limited to domestic violence victims and Aboriginal people.
The change may leave some applicants without access to legally aided representation, increasing reliance on private lawyers, advice-only services, or self-representation.
You can read the original Legal Aid NSW announcement here.
What the changes mean
The agency also acknowledged that the changes may affect people who need legal support, including people experiencing mental illness, people with disability, non-English speakers and others who may find it difficult to participate in family law proceedings without legal representation.
Child custody laws, called parenting orders in Australia, will fall outside the new Legal Aid NSW eligibility criteria. Without access to legally aided representation, some parents may need to rely on limited advice services, seek private legal assistance, or represent themselves in disputes about parenting arrangements.
Domestic violence victims remain one of the priority groups identified by Legal Aid NSW. This means people involved in family law matters connected to domestic violence, including matters where a domestic violence order may also be relevant, should seek advice about whether they may still qualify for assistance.
Further changes to Independent Children’s Lawyers
Legal Aid NSW also said further changes will come into effect before the end of the year. These include changes that will mean Independent Children’s Lawyers only appear in final hearings where one or both parties are self-represented (Legal Aid, 13 May, 2026).
From 1 July 2026, the changes are likely to have a real impact on parents and families in NSW who rely on Legal Aid NSW because they cannot afford private representation. While victim-survivors of domestic violence and Aboriginal people will remain priority groups, other vulnerable people, including those experiencing mental illness, disability, language barriers or financial hardship, may no longer be able to access legally aided representation in parenting or property proceedings.
People involved in parenting or property proceedings should check their eligibility early and seek legal advice about their options, particularly when their matter involves parenting orders, property settlement, property settlement after divorce, child custody laws, or domestic violence concerns.