Legal aid

6 replies

redbaren · 09/12/2011 22:59

I have also posted this in legal matters but thought Id also put it here for all to see. I've been stressing for over a month. My ex is taking me to court to try to get a shared residency order for our ds.. He is receiving legal aid due to the benefits he is on. I on the other hand could not get legal aid due to the fact I owned a house and worked plus rented a room out in my house.
Well since yesterday I have just found out that as from the end of this year I will be unemployed and my tenant has just handed in her notice....
Does that make me eligible for legal aid now too even though I have a property (with might I add has a huge mortgage)?!

OP posts:

festi · 09/12/2011 23:14

I applied for legal aid for mediation, so not sure if the same proccess applies but I was not granted it due to the fact child tax credits pushed my income just slightly over the threash hold. I owned my home also but that wasnt mention in the reasons it was simply the child tax credits. my exp who was working and did not declair his OT did get legal aid, grr. nit sure if post helps but im feeling your resentment.

Go to the CAB, or a one hour free consultation with a family solicitor in your area. I had the one hour free and they where very helpfull. you may find that you and dp are refered for mediation anyway as I think that solisitors are obliged to do this in most cases, unless there are specific reasons to go for an order. cab or solicitor would be able to give you the peoper advice you need.

festi · 09/12/2011 23:15

proper advice even.

LineRunnerCrouchingReindeer · 09/12/2011 23:21

To qualify for legal aid you will be asked about your income and from this they will deduct certain outgoings such as your housing costs (eg mortgage or rent).

That being said, if you present a reasonable case and can speak to the court sensibly without losing your cool, you should be able to manage yourself anyway. I did. You need to present a timetable for your Ex to comply with, including timetables for school drop-offs and pick-ups, school homework, after school clubs, activities, seeing friends, shopping, laundry of uniforms and clothes, eating properly, seeing family members, etc etc. The court will require him to show how he will fulfill these obligations, in the best interests of the DC.

The courts like stability, and dependability, and reason.

MrsPeterDoherty · 09/12/2011 23:24

Why can't your ex have shared residency?

Jellykat · 09/12/2011 23:27

I received Legal Aid, and owned my own house, i think it's based on income/savings.. after all you couldn't be expected to sell your home and become homeless, in order to pay legal costs.

But agree, get further advice to put your mind at rest, good luck

festi · 09/12/2011 23:31

very sensible post line, The solisitor I spoke to told me to go and attempt to convince exp mediation was the way forward without getting solicitors involved he basically said that he I could sign him up he would chrge me a fortune for the privilage of doing what I was pretty much capable of doing our selves, he was pretty honest that all he would do is chrage me for the privilage of communication to arrange mediation when we could both do that our selves rather than paying out to him aswell as mediator. the mediation was ok in as far as exp then realised he would not have a hope in hell of an order being granted, so much so he couldnt be arsed even attending the mediation after 3 sessions and happily agreed to a reasonable arrangement.

I understand your case is probably very different, but I would at least get some real advice just for the reassurance.

Flip