shared care arrangement

[gillythekid]

My friend is being bullied by a soon to be ex husband who wants a shared care arrangement. She has never stopped him from seeing their daughter but last year the child returned with a large hand shaped bruise. His denial of responsibility led my friend to seek advice from the Police. He finally admitted his guilt after the child was interviewed and he was charged with assault as it turns out he had also kicked his daughter. Social services became involved and they denied contact for 3 months until the case was dropped by the CPS. Social services total mishandling of the case led my friend to reluctantly agree to 2 sleepovers a week which was then halted temporarily as no risk assessment had been carried out. He is now taking her to court for a shared care arrangement (he's on solicitor number 6!) and as she only works part time on minimum wage, she can't afford a solicitor. She isn't entitled to legal aid, which seems massively unfair. She is frightened that he will get his way, as he always does. His report to the court is full of untruths with no evidence to back up petty claims. He has shown no remorse for his behaviour and is putting on the 'poor daddy' act for the child. He has told my friend it is all her fault for calling the Police. What on earth can she do? Any advice would be SO appreciated.

[Collaborate]

Has she been told she doesn't qualify for LA on income grounds? Because as the child has been the victim of domestic violence she certainly passes that part of the test. Only if she or her household's income is too high will she not get LA.

[MrsBertBibby]

What Collaborate said. Surely the SS documentation would be enough to satisfy Legal aid requirements?

[gillythekid]

She was told that SHE would have to have been the victim, not their daughter. He has never been a violent husband, only a violent father.

[Collaborate]

That's utterly wrong. She should find a different family legal aid solicitor. Tell her to look at this: www.gov.uk/legal-aid/domestic-abuse-or-violence

I can't emphasise how much this is pretty basic stuff.

Where roughly is she? We may be able to recommend someone.

[gillythekid]

I have to emphasise that she doesn't want to STOP him seeing their daughter, she just feels that it's in the best interests of the child for her to be the primary carer and a shared residency would be unsuitable due to his unpredictable behaviour. These links suggest that a parent might want to deny access, am I getting this wrong?

[Figrollsnotfatrolls]

Why the fresh hell does she want to hand her dd over to an abusive df?!

[0ccamsRazor]

Op why would she be ok with paternal contact when he has been violent to dd?

Surely she should be looking to supervised contact between dd and the dad?

Do you think it may help her if she spoke to ss for advice?

[gillythekid]

SS is Social Services? They were involved from the moment she went to the Police but it has been totally mishandled. A risk assessment has been done and they have allowed 2 sleepovers a week. My friend thinks he is lucky to get that time but he is pushing for more. He basically wants to split the child in two, it's more about his needs and not the child, he wants control of the situation. He is not habitually violent, hence her agreeing to the two sleepovers. She feels his stress levels will be too high and the DD would be at risk
should he have her 3 then 4 nights alternate weeks, which is what his solicitor is pushing for.

[RedHelenB]

Seems shaky grounds to me if he is OK to look after her for 2 nights I can't see why a court would think 3 or 4 unreasonable.

[brokeninmoreways]

Ask your friend to contact Rights of women for some free legal advice - they can also get you in touch with legal aid support

[brokeninmoreways]

rightsofwomen.org.uk/