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...Just prior to my son sacking his solicitor, she smugly informed him that he wont be entitled to Legal Aid come April 2013. I know that reform is on the cards but dont know the ins and outs of it!
If it happens, I see it as yet another attack on the poor and vulnerable in our society...but it may work in favour of Dads who at the moment feel that the scales are tipped very unfairly in favour of mothers, who can generally rely on free legal representation. With that removed, there may be a more level playing field... However, big picture, abolishing legal aid can only be a bad thing in my opinion.
Does anyone have any knowledge of how these reforms will pan out as far as family law is concerned? If legal aid is to be denied for family law cases, what do you think the impact will be?
Not something I'd heard of, as you say, maybe it will even things out a bit more, but in the genuine cases where a child is at risk, it may offer the parent with care less protection.
I managed to hunt around and found this webpage, and towards the bottom it lists which things will be 'out of scope' for legal aid.
...Well, it looks like my sons smug and sacked solicitor was right. I can see problems ahead, especially for those that are ill equipped to defend themselves. It appears family law in cases where there's evidence of DV or child abuse will still be covered...that could set a dangerous precedent and encourage false accusations of such behaviour just to facilitate legal aid... I really hope I'm wrong about that! 🙁
That's quite a cynical point of view and like you say I hope you are wrong.
But then with these no win no fee lawyers touting for business they could turn a simple divorce into an abuse accusation!
....Sorry for the cynicism SM. But nothing would surprise me where some women are concerned! I have already read several stories on here recently of women playing the DV card to prevent contact. My sons own experience and the terrible lies that his ex spouted, and not just about him, but me too, are testament to that.
I fear for the poor and vulnerable in our society too when these reforms come in.
To be fair to NJ that was the first thing that crossed my mind as well. So maybe there is a place for cynicism.
I would hope that taking family law issues out of the legal aid process would push parents into the mediation system. Which would be far cheaper and would allow them to come to agreements that would be more amicable. However the little cynical voice in my head is saying that unless parents are forced into this system then it just won't work.
Hi
Part of me thinks it will be a good thing, so women are having to stand up in court without a solicitor so they will be equal, but it also worries me that there will be a big increase of women saying there partners abused them as it is already happening, you cant even respond to a text without wondering if you will get a non-molestation order. My sons ex has already said she has informed the police so they are pre warned, all he did was to dare to speak out.
I used to think mediation was the way to go, but its become so expensive and I know in our case we need the court to rubber stamp the contact order.
Hi I understand what you are saying Bass but this also goes for the women, so they wont have there fancy barristors and they will have to stand up and fight there corner just as a lot of men do now. I think this is why so much money is being pumped into the mediation service, but for a lot this is also to expensive and if it takes weeks , months to mediate with no other choice but to go to court. Time will tell !!
Have you been to court today , how did you get on ?
Hi Guys,
I combined the two threads because they were about the same subject. Interesting to hear you thoughts though.
I thought I would bump this back up to the top as it may be relevant to new members coming here to ask about Legal Aid... There is only a matter of weeks until these reforms come into force.
As a new father trying to the best for his kids i recently contacted a solicitor about custody of my boys. there told me i had to provide proof there was a danger to my boys well being at the home they share with their mum and half sister (who is the problem) i done this and have been told that as it is not the mother who is the risk to the boys i am unlikely to get legal aid. even though i have social workers reports and mst reports stating the there is a risk to the boys emotional and potential physical wellbeing while being around their half sister.
in my opinion my ex is just being selfish and not thinking of our boys and what is best for them and by keeping them around their half sister she IS putting them at risk
i have social workers reports and mst reports stating the there is a risk to the boys emotional and potential physical wellbeing while being around their half sister.
What are Children's Services going to do about this? Have you asked them how, If there is a risk to your boys as noted, what are they doing to help solve this problem?
Gooner
hello mate
social services have told us out right that they will not remove emily (my boys half sister) as she is 15 and mst are involved so we must go through that process first aswell so i only see the only option is for the boys to stay with me. i wanted to work out a shared custody agreement with my ex as we still get on but i just want what is best for the boys.
i just don't understand how i can be refused legal-aid when i've proved that there is a risk to the boys wellbeing. it should not matter who is the risk and that is what i was first told. that i had to proved there was a risk to the boys.
it just feels like they are moving the goalposts in order not to help me
...as the topic states, legal aid for family law cases was stopped back in April 2013. The only criteria for eligibility is if one of the parties in a case has been a victim of domestic violence.
If children are at risk then it is up to Social Services to put appropriate safeguards in place. Have you asked them if they would consider placing the boys with you until the situation and any assessments are concluded?
If you are unhappy with the way social services are dealing with the case then you could try speaking to the senior manager and asking for a serious case review.
You could also try contacting The Family Rights Group and see if they can help.
www.frg.org.uk/
I have been to the child in need meetings where i thought my ex was on board with me taking the boys while she followed through with mst with emily but this was very short lived with me only keeping my youngest who is 1 for a night as my ex couldn't be getting up at 05.00am and walking 5 mins to my house to watch the boys so i could go to work.
I know what the topic states and it was only after this i contacted a solicitor and although domestic violence is a factor it is not exclusive to that. However since April 1st 2013, the LASPO Act limited the availability of funding to those cases involving issues of child protection or where you’re able to produce evidence of domestic abuse within the relationship.
As such, if you were eligible for public funded legal services, you will now only be able to receive legal aid for the following:
• Public family law regarding protection of children (care proceedings)
• Private family law with evidence of child abuse
• Child abduction
• Representation of children in private family cases
• Legal advice in support of mediation
• Domestic violence injunction cases
• Forced marriage protection orders
you are right that i should follow this up with social services but it is hard to put your kids through this and i am leaning to the legal system to help resolve this as i just want my kids to be balanced and save which they are not at the moment but thankyou for your input
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