[Solved] What happens with no legal aid?

Just wanted to add that it truly would be the last straw. After everything she's done I've always wanted him to have both parents in his life. I can't let him have a miserable childhood, he's a wreck and getting worse.

How old is your son? Also, do you have parental responsibility, and how long has he been living with his mother?

In answer to your question, it would always be open to your ex to get a residence order to have him returned - the question is whether she would call the police if you took him back and what would they do.

He's four, I have PR, we've do a 60/40 split to her, this was agreed through solicitors but the paperwork was never signed, we've mostly been following the 60/40 schedule although she uses every opportunity/excuse for me to have him more time.

I have several things he's said either recorded or on video, when he sits in a corner and cries and says how scared of her he is, I have it. I've spoken to social services anonymously about the situation in general and they said it sounds like he's trying to play us off against each other and if it was reported nothing would come of it!! The first part is rubbish, the second part is true. I have no faith in social services to begin with.

Hi there 🙂

Reading your post was so distressing and my heart goes out to your little boy. It reminds me so much of my own grandsons plight before my son stepped in. He was 4 when she called one evening and told us to go get him because he was out of control (hes one of the sweetest well behaved little boys I've ever known). After a few days she demanded him back and when my son said no she called the police but they wouldnt get involved, in fact they were great, they knew of the mother and although they couldnt say, it was obvious they were sympathetic and thought he was better with us. My son went to court and was granted Residency in September 2011. My Grandson is a different child now, hes happy and confident and his eyes sparkle!

I remember your last posts but went back and had another read of them, Social services have let him down and I can understand why you have no faith in them.

To answer your question, and I dont give this advice lightly or encourage it but sometimes theres no other choice.. First you would need to telephone the police and talk to them about what is happening to your boy, what he has told you and the physical and psychological abuse he is subjected to. Tell them about the previous history and Social Services involvement, the fact that they wanted you to have custiody but then changed their minds. Tell them that you have Parental Responsibility and that you would like to keep him with you and ask them what their position would be if you didnt return him to his mother after weekend contact. You need to know if the mother phoned them would they have to return him to her. If they tell you they wouldn't get involved then the next step would be to telephone Social Services and tell them what is happening to your son, your discussions with the police and your intentions. You could do this after you have taken action, this call is not essential though, its just covering all the bases.

If you decide to keep him then it would be advisable to follow it up with an application for Residency with the court straight away. This would cost £200 but if you are unemployed you'll be eligible for help with this. It just means that he is safe and cannot be taken from you in the future.

My other suggestion would be to call the NSPCC and talk to them, they may be able to help and can advise you further about your rights to remove him for his own safety.

If you have him and the police wont get involved your ex could apply to court for his return and custody, but as she has no funds she would have to represent herself and find £200 to apply unless shes on benefits and then she would be entitled to help with it.

Nanny Jane your reply was so helpful! I phoned the NSPCC before and they echoed what social services said, they even went as far to say he's probably saying these things about me to his mother. Speechless.

As we went through before, if there's no proof of anything (unless she does it infront of a social worker or he's got bruises, pretty much!) social services won't do anything. We know from family members who have seen them out and about that he looks happy enough with her - although 9/10 he's got sweets or chocolate in his hand! He said she's nice to him on the bus and at the shops and when family visit but nasty at home.

Can people on benefits get help with court costs even though they've now axed legal aid!?

I'm sorry for sounding so "I'm taking him away from his mother" but I don't know how much longer I can deal with this. The reason I never pushed for residency is how scared of her he is, how much she can persuade him that black is white, she'd completely twist his head and have him thinking all sorts in the months a residency battle would've taken. Plus of course I wouldn't have "won" with social services doing their U-turn!

The Legal Aid Reforms have stopped free legal assistance so they wont pay for a solicitor or barrister anymore, but I dont think they have stopped assistance with court fees if you are self representing. If you telephone the courts and speak to their help desk they would advise you on this. People that are on benefits or a low income can still get help with Mediation costs too.