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Falsifying to get Legal Aid?

(5 Posts)
catcatcat Mon 27-Jan-14 13:48:18

Message withdrawn at poster's request.

RedHelenB Mon 27-Jan-14 13:54:27

A GP wouldn't just write what your ex asked them to, they've their professional reputation to think about!

catcatcat Mon 27-Jan-14 14:06:18

Message withdrawn at poster's request.

ladyjulian Tue 28-Jan-14 07:57:45

If you slapped him during an argument, other than in self-defence, then he is a victim of DA. "He started it" and "he was worse" don't mean that he wasn't, IYSWIM.

With legal aid being restricted to DA victims I think we are more likely to see more cases where both parties claim DA because as you say, the definition can be pretty wide (I'm still annoyed about a case last year in a non-family jurisdiction where my opponent successfully argued that being dumped constituted emotional abuse).

However in answer to whether the legal aid board (or whatever they're called this week) will believe it, this is unlikely unless he has better evidence than a letter from a GP. The GP may write it but it is likely to be phrased as "Mr X suffered from depression from date to date. He has now informed the surgery that this was due to abuse by his ex-wife."

I wouldn't worry about his legal aid and his case. If he was hitting you then get evidencing your own!

lostdad Tue 28-Jan-14 08:36:51

What ladyjulian says.

Physical assault is physical assault is physical assault. It is irrelevant to what degree and circumstance. Although if I were a cynic I would expect - and I am seeing signs of this - people are falling back on `emotional abuse' to gain Legal Aid since the changes to eligibility have been made.

The changes to eligibility have meant that mediation has died a death too: Where it was mandatory to try mediation to get legal aid (unless DV had been alleged) it makes no odds now so a lot of people who would have gone through the whole charade just to get their FM1 forms are now not bothering because there is nothing to be gained from attending a a mediation session they have no intention of compromising in.

It's leading to an increase in litigants in person with no solicitor, no McKenzie Friend.

To the OP: If you don't have a solicitor, try a McKenzie Friend. Your ex is, believe it or not, better than coming unaccompanied. It's possible that his solicitor may try to bully and threaten you if you don't have any assistance but if both parties help it's better than both parties having no help at all. When that happens you'll end up with no one being willing to compromise and a bemused judge trying to move the situation along.

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