Refused Legal Aid!

[Mumofmarco]

I am a student studying Architecture BA Hons Im a single mum. My Ex has taken me to court because he was not happy with the amount of visitation I was offering. I have been refused legal aid because my Childcare Grant has been seen as disposable income! I am not allowed to spend the money I am given on any thing else other than childcare. I am left with £5000 for the year for me and my son! I rang up and was told this was completely correct! PLEASE HELP!
Gemma x

Legal Aid is getting harder and harder to qualify for, unfortunately.

I wonder about your phrasing 'the amount of visitation I was offering'. Surely 50-50 residence is the starting point, with things negotiated after that.

Personally I dont' think it's one parent's place to 'offer' 'visitation'. Both of you are the childrens' parents.

Is there a valid reason you will not offer the father more vistation?

I'm not an expert by any means but can you get hold of their guidelines? I had no end of trouble with my council when I was a uni student and single parent who just could not make up their mind how to treat the childcare grant. In the end I'm pretty sure it's disregarded. Look into the access to learning fund in the meantime to help tide you over

oops cross posted hairyfairylights brilliant minds and all that eh?

try and get help from the mediation service. he may be willing as it's cheaper and less formal than court, whilst still being 'official'

if it was me, and there was no other option but court, I'd speak to some charities like womens aid. The citizens advice may know of other places you can get free representation.

out of interest how much access does your ex get?

ladyfirenze Women's Aid is about domestic violence.

OP: Do not seek advice from Women's Aid , unless it's about domestic violence. While you are using their resources, there could be someone who needs them trying to get through.

Try the CAB, though.

I wish my child's father would want to see her

Why do women not want their children to see their fathers? It seems to be a common theme?

I'm genuinely confused and can't see why it's such a bad thing.

Unless the man is abusive (and this is proven in court) surely you have to accept you allowed him to become a father and he must be given access to do just that?

They seem to do it to punish the father without realising they are actually punishing the child/children. I work in this field and am genuinely sickened by what lengths some women will go to stop their ex partners seeing their children (obviously there are some cases where contact should be stopped or supervised only but the majority of these, usually, women are just being nasty).

op until you come back and explain why you want to refuse further access it is impossible to say whether a refusal of legal aid is deemed unreasonable in our eyes. It may be viewed that settling the situation out of court could be far better.

oops! thanks hairy fairy - didn't know that about women's aid. thought it did what it said on the tin

He is not a very nice man no violence but neglect to macro was involved. He is only wanting to see the child to hurt me. without going through all the ins and outs I don't trust him to have our child for long periods of time. He is only two and can not talk until he is a little bigger I need to make sure he is safe its my job as a mum. I offered every Saturday or Sunday he declined. He wants him Tuesday, Thursday and Sunday. He claims all times for him but I know on most occasions he would be leaving him with family. He has never given him any maintence money the last pressie was a happy meal toy. He normally comes home with a nappie that has leaked wee on his trousers. I dont want to stop him seeing him!!!! I want to protect my little boy. He also comes home upset. Its my job to protect him!He also left us with massive bills and he kept the house.

Ive not been declined legal aid because of the situation. Ive been declined because they see my childcare grant as disposable income!

sounds hard, /I wouldn't want mineb to go to their dads in that situ. go to cab and see if they can help. good luck

Sorry to hear that. Were you married? Your solicitor can appeal the legal services commission decision. Are they saying you will have to make a contribution towards it or refusing it completely?

Right, he definitely does NOT sound like a father being unjustifiably denied access. Leaking nappies being left on your DS is appalling.

I recommend the CAB - they have excellent advisors on all matters and will be able to help you fill out forms anf get the best advice you can. Also, if anyone can get you legal aid, it will be them. You can find your local office from their main website which will have a number you can call.

we where married worst mistake of my life! he is a known con man who has been charged through the courts for his actions. I will speak to my solicitor asap. They are refusing completely. They say I have a £16,000 disposable income but £11500 is nursery grant so I can go to uni and they say they cant take that into consideration. I don't choose to spend this money on childcare its a grant and if i dont spend it on childcare I must pay it straight back!

If you're studying architecture I'd guess that you are perfectly capable of representing yourself. Judges and court staff will guide you through the process (although they cannot give you legal advice). Don't panic about the lack of solicitor.

A reasonable compromise to think about is for him to have contact every Sunday for a period of time (say 3-4 months) for him to demonstrate commitment and then look at how it's going and whether it would be in your DS's best interests to have more contact. See if there are any children's contact centres near you as this might be a way of getting contact started.

You may as well know now that the Court won't be hugely interested in the historical finances when looking at contact. Focus on you DS and what is best for him, your concern about your child being disappointed if his father regularly fails to turn up is perfectly legitimate.

Is the house still in joint names? Did you sort all the finances in the divorce? If not then speak to your solicitor about it.

I signed it over to him I thought if i did that he would go away! I just hope Marco stays safe in all of this and I hope he doesn't let him down. I dont even care about the money i just think a solicitor would help! it is hard when you know he is telling lies and scheming! He comes across like such a nice man. and last time we where in court he cried. not because he was sad but because he thought it would help. He doesn't care about Marco just him self! We have been in court already and we are due back next month. He is a very unreasonable man. for example last Saturday he picked him up for his Three hours a week which the judge decided on. Half an hour before he was due to pick him up me and my little boy where in a crash in the snow. I have taken the front end of my car off! I was so upset and shaken but Marco seemed fine! Luckily we where ok. I rang him and told him what happened and asked if we could rearrange he said no. I was so scared because marco was going back out in the snow and travelling half an hour. He picked him up and took him from me I was crying my eyes out and he just smiled! He said he would just take him some where local however on his return he said they had been on the half an hour car ride each way.

yes, this is correct, I would suggest lobbying your MP and try to get the means assessment changed.

Anything like a grant is taken as income but your childcare will be counted as an expense.

And I am in a position to know this info is correct.

legal aid eligibility calculator

I'm afraid that as others have said, LA is very hard to obtain. Your grants etc are taken into account as income and as I assume there is no tax on your grants, this is probably why you are over the limit.

The family courts are very user friendly. There is little law involved in private children as the majority of it is negotiating. You can represent yourself in the proceedings. Judges are very helpful to litigants in person.