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My partner moved into my flat 2 months ago. Since then things with his ex have been difficult and now she's not letting him see their child.
We have been to see a solicitor who has explained the process of Legal Aid and how to apply. She has also told us that because we live together my income is considered too.
I think the process is a bit unfair as we have not lived together that long....but anyways - my partner is on part time work earning around £170 a week / however I earn over 24k a year. I believe this will have a massive effect on his application.
So my questions are maybe a bit cheeky but...what checks do they do to see if you live with someone or are in a relationship with someone? What if I chose to move out the flat for a period of time? would this have any effect on his application? I own the flat but he signed a tenancy agreement when he moved in and has an agreed rent.
Thanks
note - we are in Scotland
Surely, if you chose to move out of the flat, her objections wouldn't be relevant anymore?
I would assume that if you no longer cohabited then your income wouldn't be taken into account.
Has he tried mediation to see if there's a way forward, it might be worth giving it a go.
He has been to mediation for his single meeting but then she said she didn't want to go anymore due to ill health and the stress of talking about their past relationship.
There has been a lot of other factors besides him living with me, I don't think it would change her mind if I moved out. TBH I have been thinking about moving back in with my parents for the time being as I work from home and the whole situation is quite stressful. I find myself thinking about this more than the actual work I need to be doing. Not to mention all the letters and text messages she sends us.
I just wanted to know if they do any checks?
I would assume that if your partner said you didn't live there anymore, she wouldn't take that at face value and is likely to share her doubts with the agency...just a thought. That may prompt them to do some checks.
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