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[Solved] Legal Aid

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(@mart1n82)
Estimable Member Registered

Hi everyone

just a quick one. I was under the impression that legal aid had stopped for family cases, however yesterday I received a letter from a solicitor saying that are representing my ex as she has been granted legal aid?

Am I missing something???

thanks

Quote
Topic starter Posted : 18/06/2018 12:16 am
 Yoda
(@yoda)
Famed Member

In general it has stopped unless there are special circumstances (usually domestic violence). If you have a Non-molestation Order against you, that can be used to obtain Legal Aid. If you don't, you might have one coming your way.

ReplyQuote
Posted : 18/06/2018 12:07 pm
(@mart1n82)
Estimable Member Registered

thanks for the reply.

she did tell Cafcass that I hit her over ten years ago, but Cafcass said that she had no proof and that the judge wouldn't even consider it because it was so old and it was never reported to anyone or was it brought up at the last court case. if one is on its way is there anything I can do to contest it as its not true what so ever!!

thanks

ReplyQuote
Topic starter Posted : 18/06/2018 12:26 pm
 Yoda
(@yoda)
Famed Member

Who knows what she has used to gain Legal Aid then. She wouldn't get a non-mol based on a decade old incident, that's for sure.......

If you are served with an order, you will get a chance to contest the order and provide a statement of evidence in response. She would have to provide a statement with her application in order to gain an order.

I have only ever seen Legal Aid awarded in cases with non-mol applications or orders but there's always a chance she got it another way I suppose.

Best of luck

ReplyQuote
Posted : 18/06/2018 12:39 pm
mart1n82 and mart1n82 reacted
(@mart1n82)
Estimable Member Registered

That's great thank you. its so sad really, all I'm trying to do is make I daughter feel safe again when she visits her mum and protect her, but my ex, instead of trying to work with me, is doing everything she can to make me be the bad one even though all the evidence from the school and Social Services is proving she's the problem. I just hope the section 7 report brings the truth out!

Thank you again

ReplyQuote
Topic starter Posted : 18/06/2018 12:54 pm
 Yoda
(@yoda)
Famed Member

No problem. Wishing you all the best and we will do what we can to support you on here if you need it.

ReplyQuote
Posted : 18/06/2018 1:20 pm
 Mojo
(@Mojo)
Illustrious Member Registered

She could have told the solicitor about DV or got a GP letter... if you are unhappy about it you can contact the legal aid board and share your concerns about her ineligibility.

ReplyQuote
Posted : 18/06/2018 2:07 pm
mart1n82 and mart1n82 reacted
(@mart1n82)
Estimable Member Registered

thank you, I tried calling the Legal Aid Agency and they weren't much help. they couldn't comment on my ex but did try to see if I qualify for legal aid, which I didn't down to financial reasons. I do think she has gone down the DV route because they ask you all those sorts of questions they asked me. the fact she doesn't work either helped her case.

I'm not too bothered that she has it its more the fact how she got it, but it looks like there isn't anything i can do. I'll just kep to the facts and hopefully they will see through her lies.

ReplyQuote
Topic starter Posted : 18/06/2018 9:03 pm
 Yoda
(@yoda)
Famed Member

It never ceases to amaze me how people manage to get it, yet anyone I know who has applied for it, hasn't managed to!

ReplyQuote
Posted : 18/06/2018 9:47 pm
 Mojo
(@Mojo)
Illustrious Member Registered

DV from 10 years ago wouldn’t qualify for legal aid. Her employment situation has no bearing on it either.

ReplyQuote
Posted : 19/06/2018 1:35 am
(@Ding Ding)
New Member Registered

I got divorced 4 years ago and my ex claimed DV,had no evidence etc and got legal aid.She was told what to say by her solicitor to qualify for it.I am in position were I think she might take me back to court in regards to child access,would she qualify for Legal Aid under the first claim of DV ?
Am I right if this is not the case she would not qualify for Legal Aid for taking me back to court in regards to child access ?

ReplyQuote
Posted : 06/09/2018 4:15 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I think they've increased the time limit for applying historic DV to legal aid, from 2yrs to 5yrs, however I would certainly check this.

However they have tightened up, so she would require some proof of DV... but I wouldn't like to state categorically that she wouldn't get it by using the fact that she was awarded it before.

ReplyQuote
Posted : 06/09/2018 4:39 pm
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