To think he won't be entitled to legal aid?

[movinonup]

Following on from my previous thread www.mumsnet.com/Talk/am_i_being_unreasonable/3226433-To-think-this-should-be-a-police-matter

I have received a letter from legal aid informing me that XH has applied for legal aid to take me to court for access to the children.
The letter asks me to give any reasons why I think that he wouldn't be entitled to legal aid and for any reasons why I would think the case has no legal merit.

Why would a man earning upwards of 30K living with a partner on a decent salary even be considered for legal aid? I don't get it!

As for the case having or not having legal merit, I'm not sure what to say to that.

Anyone been through similar? Or any legal bods have any advice for me?

When XH dragged me through court to play super dad (there aren’t enough fucking eyerolls in the world), legal aid for child welfare hearings was stopped. His continued because it was pre existing for that case, but he was told he wouldn’t get it for any further hearings.

I’m in Scotland so I don’t know if it applies UK wide but it’s worth checking out.

I'm in Scotland too, I'd guessed you were Scottish from your username :)

How did your case go? (if you don't mind my asking, feel free not to divulge)

I don’t mind at all. Unfortunately it went in his favour, so he got weekly overnights. However he himself has dropped that to one night a fortnight now thank fuck, because my nerves couldn’t take much more than that!

It was 5 years ago, I was pregnant with DD (not XHs) at the time and took a real emotional battering from it all, especially when the bar reporter believed his bullshit despite evidence to the contrary!

I’m sorry if that sounds crap, it’s a bruising system and is hee haw to do with child welfare (ironically) and everything to do with the mood of the sheriff on that day.

Do you think your ex will actually take it to court if he has to pay?

Yeah that pretty sums up what I have been thinking, That it depends on the mood of the sheriff on the day.

He might take me to court on his own dime, Don't know where he'll find the money though as he constantly pleads poverty.

I am not attempting to stop him seeing the children altogether, I just will not allow them to be exposed to the sadistic step-spawn.
Will the children's opinions be taken into consideration I wonder?

How old are they? If they’re over 10 they can be represented by their own solicitor.

If they’re younger an advocacy worker can speak on their behalf. Ours was ace and the sheriff would have listened but for that bloody bar reporter who was a misogynistic wanker.

Also, if you’re not trying to stop contact completely but have safeguarding concerns about extended time periods at his house then that is better and wouldn’t be viewed so negatively by a sheriff!

They are only 7 & 9.
I'll go and copy and paste what I've written to legal aid, Not bothered if the dickhead sees it, I have told legal aid they can disclose anything I've stated and I can prove everything I've stated.
2 seconds!

XH is saved as Dickhead in my phone

If you google local child advocacy workers in your area, they should be able to help. It benefitted DS1 a lot, because they’re totally unbiased and I told him there’s no wrong answers, it’s how he feels and not what he thinks anyone else wants that matters. She really helped him talk about things and then talk to me too, because he knew I wasn’t pressuring him or leading him.

I’m sorry you’re going through this shit too.

Dear Sir/Madam

I have attached two documents to support my representations.

Firstly let me address whether or not I believe Mr Dickhead should be entitled to legal aid from a financial point of view.

I should think not as he lives in a household with two above standard salaries coming in.
When I left him in 2015 he was on approx 30K per annum, I can only imagine that amount has increased.

His partner is a full-time school nurse which commands an above average salary also. I also believe she does overtime and shift work.

Whilst I can make no claim to know their monthly outgoings, I do understand that Mr Dickhead may be living above his means by having left the council house costing him less than £300 per month to move into a private rental property costing upwards of £800. I don't feel he should benefit from legal aid when only his poor financial decisions have depleted his disposable income.

As to whether the case has any legal merit, I (of course) do not believe that it does.

Firstly (and most importantly) the children do not want to be in their Father's house when step-spawn 1 and step-spawn 2 are present, The document I have attached (case outline) should explain the reasons for this)

I do not wish my children to be exposed to any further escalation in the sadistic behaviour shown by Step-spawn and to this end I do not want them in their Fathers house when Stepspawn are present.

I have met with Mr Dickhead at mediation and offered the following solutions
Stepspawn are elsewhere when the children visit (sleepover with family member or friends)
Dickhead takes the children to his Mother's house without Stepspawn present
Dickhead visits them at our house (he was told he was welcome to come here for our son's birthday but never appeared)
Dickhead requests via text to take the children out

Only the last option has been taken advantage of but very infrequently (please see attached document 'access requests')

Dickhead has 67 hours per week available to him outside of working and sleeping, He chooses to request the company of our children for between two and four of these hours, Usually by texting the night before when I have made it clear that if he waits to the last minute we will more than likely have plans.

This suggests to me that he is not all that bothered about seeing the children otherwise why would he continue to not give sufficient notice.

Futhermore, He has only requested to see the children eight times since contact was withdrawn in mid April, The first request was made more than six weeks after contact stopped.
This does not support his claim to be a loving and distraught Father who is missing his children terribly.

I give my full consent to all of the information contained in this email and supporting documents to be shared with whomever it is deemed necessary.

If you require any further information from me please do not hesitate to contact me on this email address or by phone on 000000000000000000

Kind regards

Movinonup

@YeTalkShiteHen Thank you, I'll go and look up child advocacy in my area.

That email is spot on. He sounds fucking awful. I bet he puts on a cheap suit and cries like he’s the most doting Dad in the world. Ugh.

If any part of this country has a legal aid system where an ex spouses view on whether a person deserves legal aid has any weight in deciding whether to give it the country is in a bigger mess than I thought. Please get rid of all of that stuff as it comes across as rather immature and jealous.

@user139328237 I must admit I found it very odd that I would be asked such things, Obviously I am going to do my utmost to prevent this going to court and potentially having my DC going back to his house. But this is what I have been asked to do by the Scottish legal aid board.

Immature and jealous? Jealous of what exactly?

@user139328237 see here for information on representations

www.slab.org.uk/public/BSLvideos/Opponents.html

I don't think his partner's income has any bearing on his application or eligibility ( and I wouldn't have thought that a school nurse is on an above average wage).

Yes to the stuff about his personal income.
Yes to the fact that he needs to ensure a safe environment for the children. Detail of actions the step children did (a) eg last incident (b) worst incident etc.

The step children are children too - what ages?
Would you like it if his current partner referred to yours as step spawn? Keep it civil especially in front of your children.

I think it goes on the household income and more so on household disposable income, Not 100% sure though.

I changed the names of the 'children' involved to step-spawn so as not to be identifying and call them by their names in front of my children.
The step 'children' involved are a 14 year old teenage girl and an 18 year old adult male.

For reference my son has just turned 7, He was 6 at the time they hurt him.

I think your response is fine. It might be better if he’s represented to a certain extent. Depends on the likelihood of him taking advice.

Can you get legal aid? Because if he manages to and you dont he will make your life a living hell. He can get his lawyer to use every legal trick in the book to destroy you and then some. Money will literally be no object and he can keep going for years until you are penniless.

He does have a solicitor, He's just been paying for it himself for the last year as it's just been letters/emails back and forth.

I already have legal aid @walkingdeadfangirl so it should be okay hopefully.

@user139328237 Here is a better link to explain representations

www.slab.org.uk/export/sites/default/common/documents/publications/leaflets/Opponents_leaflet.pdf

I'm still curious to know why you think my email comes across as jealous?
I've re-read it a couple of times now and see no hint of jealousy, Indeed I have nothing to be jealous of where my XH is concerned. I don't think it comes across as immature either, Unless you are referring to my use of the words dickhead and step-spawn and of course I wouldn't include them in the actual email.

Sorry to jump on and by the way that letter was ace! Thought you could only get legal aid if there was domestic violence involved? Unless it's different in Scotland
Good luck