legal aid

[Bugslife13]

I am currently getting legal aid and (have been for over a year) for a divorce and clean break, will my legal aid certificate cover costs if I need to go to court to "fight" a contact order that I have received from ex?

[familylawyerlouise]

Your legal aid can be extended but the statutory charge will apply so if you incur costs with regard to the contact case then you will have to pay those costs back from any financial settlement you receive. The extension of your legal aid will depend on the merits of your case and whether or not you are reasonable in wanting to "fight" a contact order. It's probably best to discuss this in detail with your solicitor.

[Bugslife13]

Thank you for your reply! My solicitor is currently away on holiday - Can't believe it, its left me in a right state.
There is no money to settle between the ex and myself.
I believe I am being reasonable. I do not intend to deny all access/contact.
Thanks again x

[ChocHobNob]

I was under the impression that legal help (solicitor giving advice and writing on your behalf etc) and legal representation (solicitor going to court for you) were two completely different applications for legal aid.

So as legal aid has now been cut in family law unless there is a history of Domestic Violence, in the OP's case she would not qualify for legal aid if the matter went to court. A new application would need to be made for a new "legal representation certificate" and it would be rejected due to the cuts.

Can someone in the know please clear that up?

[Bugslife13]

I don't qualify unless I can get proof of DV. So I am going to speak to my old CAF officer. :( xx

[Collaborate]

ChocHobNob is correct. To add a new description to a LA certificate (eg to add children matters or a financial application) you need to satisfy the new test of either DV or child protection.