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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be so confused re legal aid and mediation

6 replies

justchecking1 · 22/04/2019 18:17

AIBU to just want a government website to give a straight answer?! I'm about to try to organise mediation with ex to arrange child access. Our current arrangement has broken down. All I want is a straight answer as to who is entitled to legal aid for family mediation.

All the websites seem to say "you may be entitled to legal aid" but give no definitions as to who would it wouldn't be entitled, and under what circumstances. It's so frustrating.

I was under the impression that legal aid was only granted if there was domestic violence but some sites talk about this being means tested? Do any of you have a straight answer? Is there legal aid for straight forward cases with low income families? Or is it only for exceptional circumstances, in which case does anyone know what these are? I'm in wales if that makes any difference. Thank you for any help you can offer

OP posts:
Itsanothernamechange · 22/04/2019 18:34

I got legal aid. I work 30 hours but claim universal credit for childcare/rent. All i had to show was a bank statement showing the universal credit being paid in.

PCohle · 22/04/2019 19:08

Legal aid is available for family mediation but it is means tested.

The clearest guidance regarding the means test is page 7 of this guide: assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793459/Guide_to_determining_controlled_work_.pdf

The question of whether you are eligible for legal aid is assessed by the mediator him/herself which is why most of government guidance just directs you to contact a mediator to find out if you are eligible.

justchecking1 · 22/04/2019 19:11

I've read on here several times that legal aid is only for special circumstances such as domestic violence or when a child is known to social services. Is that not the case? Hang on I'll see if I can find a link...

OP posts:
PCohle · 22/04/2019 19:17

That relates to legal aid for legal advice in divorce cases, not for family mediation.

The government is keen to support mediation as an alternative to the courts.

justchecking1 · 22/04/2019 19:18

www.google.co.uk/amp/s/www.bbc.co.uk/news/amp/education-44628179

"New figures show a 30% rise in orders made after legal aid was axed in everything but abuse cases in family courts in 2012"

Is this article out of date now?

OP posts:
justchecking1 · 22/04/2019 19:20

Oh ok, got it. So legal aid for mediation possibly, but if it can't be sorted there then definitely no legal aid for court?

Hopefully that will encourage us to really work at mediation and avoid court then

OP posts:
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