[Solved] Legal Aid Refusal
I have been informed that my legal aid has been refused . They need clarification on why it’s in their best interests to see their father???
Cannot believe that they would say this. They also what to know as to what contact I want, ( which I already told them) how I will care for the children when I have them.
I have been parted from my ex since June 2017 when she walked out as she was having an affair and took the 2 children with her. Since then it has been a battle everyday to see my children. At first she was reasonable but since Feb I have only seen my children a handful of times though we live about a half a mile from each other. I ask my ex every day can I see the children and each time she now says they don't want to see you or speak to you on the phone. They are 9 and 7.
On Thrusday night I asked again and she said there is no one stopping you from seeing them at school. Though I have a job which takes me out of house at 7am in the morning and not arriving home till 5 at night if I am lucky. So Friday I took the day off and went at 8.45 to the school I tried phoning ex to say I would be there no answer. When she arrived at school she bungled them into the school so no chance to speak to them. I messaged her to say why. Her reply was my daughter does not like waiting she wants to go in straight away so she does not leave until nearly schppl time.
At 3 that afternoon I waited and saw my son who was with my ex. She started arguing with me infront of him but I will admit I lost my temper as well and argued back. Not a good move. My son was in the sand pit at the time and he wrote the initals of me, my ex and him and his sister. When she saw this she shouted at him and said rub my name out. I said whats your problem, her reply was we are not together.
When my daugher came out I did get a bit of time with them and I did say to them. If you do not want to see or speak to me on the phone just let me know and I will walk away. They said No they wanted to see me. I told them to call me off their mum phone that night. Did not get any call. I contact my ex yesterday and asked if I could see the kids her reply was they both said no they don't want to see you today.
This is only the tip of the iceburg as everytime I try to contact them I get they do not want to speak. I cannot blame them as they have been with my ex and her partner and doing all the things family's do.
I want my kids in my life and now legal aid is asking why it’s in their best interests to see their father???
Legal aid is no longer available for private family cases in England and Wales. I’m not sure why they should ask you such questions though.
It’s not good that the children were involved in the arguing between you and your ex at the school, I would advise that you do your best to avoid that again.
We have many members here that have gone to court without using a solicitor and have much success, it can be done and we will help you as much as we can.
Legal aid is still available for mediation, if you’re eligible. Mediation is the first step before a court application can be made. Here’s a link
I would try and get mediation started, but if that fails, the mediator will sign the forms to enable you to apply to court for a Child Arrangements Order.
Best of luck
Hi thanks for that we live in Scotland. You do get legal ais but you have to jump through so many hoops to get there. Cannot understand it should be automatic to get legal aid to try and get contact with your children.