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Can children get legal aid to bring their own case vs absent parent?

8 replies

Jackeybauer · 19/03/2008 10:16

Hi,
I am asking this question on behalf of my friend.

She would not be able to get legal aid but can't afford to bring a case for her daughter against her daughter's father. (Regarding access to siblings.)

Does anyone have experience of their child bringing a case on their own behalf? The child is 10 and is very grown-up and intelligent.

Thanks for any help. I wasn't sure where to post this question, hopefully someone with experience will see it!!

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mankyscotslass · 19/03/2008 10:25

I did when I was 15/16 in Scotland against my father, but I am not sure if I could have before that.It was to get him to continue child support so i could stay at school past my o grades. This was over 20 years ago though. Hope someone can come along with a bit more knowledge.

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iheartdusty · 19/03/2008 10:26

not sure, jacky, but maybe try posting in the Legal/money section?

I think she might qualify to apply for an order as someone with whom the other child lived for more than 3 years (if they did live together for that period of time) but it could be very tricky quite apart from getting legal aid.

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Jackeybauer · 19/03/2008 10:32

Thanks mankyscotslass and iheartdusty. I didn't see a legal section, I will look again.

IHD - she has never lived with her father as her parents were never in a relationship so has never lived with her siblings. So any case will prob be on a human rights basis, rather than any specific legally enshrined right to see them.

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titchy · 19/03/2008 10:52

So what does she want? The 10 year old to see presumably younger siblings whom she has never met and who may not know of her existence? What about the impact on the siblings and their human rights?

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Jackeybauer · 19/03/2008 12:43

Well titchy not sure you're really in a position to judge since you don't know the situation.
For a start I never said she didn't know her siblings, all I said was she has never lived with them....

To be honest I am not inclined to get into it with you, it's none of your damn business.

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titchy · 19/03/2008 13:51

Fair enough Jackeybaur. Apologies - didn;t mean to offend. I just assumed that all the siblings were children and it seemed difficult to say one set of children have a right to something the other set don't have a right to.

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gillybean2 · 19/03/2008 13:57

You get half an hour free advice with a sol, so use that free timeto find out your answer. Or speak to the CAB, they might know the answer

Gilly

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Jackeybauer · 19/03/2008 20:45

Thanks for the apology titchy. My friend's daughter has been through hell with her father so I was pretty p*ed off when a total stranger started having a go when that wasn't even my question....

Thanks Gilly, her mum is going to do that, just trying to arm her with some pre-knowledge.