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TOPIC: After no finding of Fact in DV case, when does legal aid end?

After no finding of Fact in DV case, when does legal aid end? 2 years 2 months ago #93165

  • Anon101
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Hi All

Question is about when does legal aid stop, have looked through the forums but couldn't find an answer so hoping someone could help.

After being separated/divorced for almost 2 years with regular child contact, EX withholds the kids and claims historical and on-going DV. Case is still on-going now heading towards the final hearing (finally!) but the question I have is;

Outcome of fact finding hearing was no finding of fact on any of the DV claims but the EX is still receiving legal aid which she was able to claim because of DV, when does legal aid end if there has been no DV?

As said final hearing is in a few months which I fully expect to win and regain contact with my kids but I'm worried that she will always try something else to stop the kids seeing me if she has access to legal aid.

Thanks for any help and as hard as it is keep strong our kids are worth it!

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Last Edit: by Anon101. Reason: My English is terrible :)

After no finding of Fact in DV case, when does legal aid end? 2 years 2 months ago #93173

  • actd
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I'm only guessing here, but I would think that legal aid will end when there is a final ruling, and that if she goes back to court, then it would be a new case and she'd have to apply for legal aid again. I would have thought that there wouldn't be grounds for legal aid a second time.

As I said, it's only a guess, so I would contact CAB and ask them for an opinion on this.

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After no finding of Fact in DV case, when does legal aid end? 2 years 2 months ago #93184

  • Mojo
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I would have thought it depends on the “proof” she provided to get legal aid. For example, if she has a GP letter, or is under a women’s refuge for support, but if she’s made claims during a contact case, without any evidence to back it up, it should stop.

You can contact the legal aid agency to query this, just for clarification.

Best of luck

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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.

After no finding of Fact in DV case, when does legal aid end? 2 years 2 months ago #93201

Im actualy going through this now fact finding coming uo falsy accused its taken an impact my life leagl aid was pulled at finaly hearing and i have to reply and dispute section 7 report and alligations schedule and statment dont nkw how or were to start

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After no finding of Fact in DV case, when does legal aid end? 2 years 2 months ago #93202

Im actualy going through this now fact finding coming uo falsy accused its taken an impact my life leagl aid was pulled at finaly hearing and i have to reply and dispute section 7 report and alligations schedule and statment dont now how or were to start

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After no finding of Fact in DV case, when does legal aid end? 2 years 2 months ago #93246

Hi

My ex partner accepted a non mol on the basis of no finding of fact, yet 4 years later his ex still has no problem getting legal aid with it. He was told by Cafcass no finding of fact didn’t mean he was innocent of DV and they treated him as if he was guilty of it too.

Harli.
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After no finding of Fact in DV case, when does legal aid end? 2 years 2 months ago #93247

yes well im going through it now and my legal aid has been pulled gather as much evidence as you can

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