Cap. 12 Art. 928KWaiver of fees.

The Advocate for Legal Aid and the Registrar, as applicable, shall waive all fees pertaining to the provision of the assistance referred to in Article 45 of the Regulation, including in relation to the filing of any act, in respect of any application made by a creditor under Article 56 of the Regulation or under Chapter III of the Convention, concerning maintenance obligations arising from a parent-child relationship towards a person under the age of 21:

Provided that, in relation to applications other than those for the recognition or recognition and declaration of enforceability of decisions, or for the enforcement of decisions given or recognised in Malta as the requested Contracting State, the Advocate for Legal Aid and, or the Registrar may refuse to apply this Article if they consider that, on the merits, the application or any appeal or review is manifestly unfounded:

Provided further that where an applicant as referred to in this article, having received free legal aid, is unsuccessful in the case, the Advocate for Legal Aid and the Registrar shall be entitled to recover the expenses so waived, insofar as the applicant’s financial situation so permits.