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TOPIC: Legal Aid Reform....

Legal Aid Reform.... 4 years 11 months ago #56693

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

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Legal Aid Reform.... 4 years 11 months ago #56694

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

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Legal Aid Reform.... 4 years 11 months ago #56701

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

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Legal Aid Reform.... 4 years 11 months ago #56702

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...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/

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

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Legal Aid Reform.... 4 years 11 months ago #56703

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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Legal Aid Reform.... 4 years 11 months ago #56705

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

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