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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

31 replies

movinonup · 30/08/2018 19:15

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?

OP posts:
movinonup · 30/08/2018 22:43

I have read that on MN before, Must be a Scotland/England thing perhaps?

I certainly committed no DV against him.
I wonder (because he gets to see my representations) do I get to know what he has said.
In his solicitors letters he has claimed I have no legal reason to deny contact. I think protecting my children is a perfectly valid legal reason.

OP posts:
apostropheuse · 30/08/2018 22:49

He may get legal aid, but still have to make a significant contribution to the fees - or even the whole amount. You can pay it back as a monthly payment. They look at your income and expenditure and work out how much they say you an afford. If the case costs less than you've paid the money is refunded.

MissusGeneHunt · 30/08/2018 22:49

Good luck @movinonup, fwiw I think the letter is good.... Clearly the moniker of 'stepspawn' wasn't going to be used any more than 'dickhead'... You don't need to justify the anonymity!!! Mind you... maybe 'dickhead' is fine, by the sounds of it....

Hope you get the outcome you and the DCs want Smile

movinonup · 30/08/2018 22:56

Thanks guys, I was quite proud of my letter :)
I hope so too (for a good outcome)
At the end of the day I will know I have done everything in my power to protect my DC.
If the sheriff rules that contact is to be reinstated, I don't think my son will go anyway, My daughter might as she misses her Dad. :(

OP posts:
woodfires · 30/08/2018 23:03

My db's dc live with him, he was asked this recently as dm wants more access. His solicitor complied a non emotional response which listed each missed contact, face to face or Skype, each safeguarding concern since the matter was last in court etc, each rejected solution. The aim seemed to be that there was no need for legal aid because the case didn't need to go to court because there were many missed opportunities for contact that could be taken up first.

movinonup · 30/08/2018 23:10

Thank you @woodfires That is what I have tried to show with my email and supporting documents.
The email shows that I offered several solutions (records from mediation would also prove this)
The supporting documents list the date of each time he has requested contact (A grand total of eight visitation requests in four and a half months)
Hopefully that should be enough to show he has made little effort.

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