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Hi all,
My brother is going through court to get a child arrangement order. His first hearing the FDR should be on Wednesday however he has today received in the post and application for that his ex (respondent) has sent to the court to have the hearing postponed as she is claiming he has abused her in order to get free legal aid.
The truth of the latter is that he infact was the abused and had been for many years but never wanted to take our advise and get help because he said it made him appear weak! Anyhow he is not going for legal aid as there would not really be any proof of abuse because whenever the police were called to the house during arguements the police could never establish who's fault anything was and neither wanted to press charges on the other.
In short the police have been called to the house and most recently it's been by her when he has tried to come visit or collect his three children. He has always left the family home before the police arrive.
He is now worried that even though nothing happened on these incidents that she will get legal aid because she has called them. He has never been charged with anything but is worried they will just give her legal aid, when he is self representing.
My questions are...
Will they contact my brother to ask his side of the story before awarding legal aid?
Does he need to complete anything to send off in order to dispute the claims?
Surely she will require some sort of proof / evidence that she has been abused by him? Although I'm sure that things like emotional abuse etc would be hard to prove.
Thanks
Hi I here
It's difficult to say, I do believe that the Legal Aid Agency has tightened up, but it still seems t me that there are women still getting legal aid on false pretences.
The legal aid board doesn't contact the other party (in this case your brother) to make enquiries, they would require proof from the person applying for legal aid, from such agencies as police, or doctors, or a women's refuge for example. They can't just claim they were victims of DV....supposedly!
If your brother feels she is claiming it for no good reason he can contact the legal aid agency himself and inform them that he doesn't think she is entitled t it.
Many women make these kinds of allegations to get legal help for free.....but in court she will have to show evidence if she is relying on it to limit contact. In the meantime your brother must stay away from her, it's too easy for someone to claim harassment and get a non molestation order ...at best to let the court deal with it.
All the best
Hi mojo
Thanks, yes I have told
Him not to contact her and go through the solicitor she has currently got but we know she wants to get it for free If she can as that's why she wants the initial hearing out back as she can't afford to bring the solicitor.
He thinks she was seeing her docs and saying he was abusing her over the last year since she stopped him from seeing the children but other than what she has said to the docs, he hasn't ever abused her so there will be no actual proof as such. I'll let him know and we will see what happens. Thanks again for taking the time to respond.
He should be given the option as to whether he will agree to the adjournment - in which case he can refuse to accept her application for adjournment and the court will decide whether to postpone.
If the court decide the hearing can go ahead, she will be expected to attend with or without representation
Legal Aid generally require solid proof of DV but as Mojo says - some do slip through the net
I seem to remember, if she can get a letter from her GP to say that she sought help and support for domestic violence, that will probably be enough to allow her claim for legal aid.
The court didn't adjourn the hearing so that went ahead. His ex still believes she will get legal aid for the next hearing in 5 weeks so we'll see if that happens. My brother has contacted the legal aid team to inform them that he disagrees with her claims but only time will tell now
That's something...did they ask for any reports to be initiated, did CAFCASS do a safeguarding letter for the first hearing? It's great he's got you to help and support him.
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