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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To wonder why there are NO legal aid divorce lawyers in London?

122 replies

KhalliWhalli · 22/07/2021 22:01

Just to add, this isn’t for me, I got divorced in 1998 and had my choice of lawyers in London, prepared to take on my case. This was in spite of the fact that I was a Legal Aid case as I had just given birth and was on Mat Leave, so no spare cash.

Fast forward to now, I am trying to help a friend with a legal problem in relation to her ex and her children. She is on benefits as she is a full-time carer for one of their children.

Between us, we called as many solicitors offices as we could. We were told that the Legal Aid rules mean that she is restricted to solicitors in her geographical area, but... none of them take on Legal Aid cases.

We tried calling the Law Society, but they have suspended their public helpline.

So is it really the case that there are no Legal Aid solicitors who take on divorce cases anymore? If so, what are women in awful marriages supposed to do? Stay married because they can’t afford to get divorced?

OP posts:
BitterTits · 22/07/2021 22:59

I hate to think of children stuck in damaging situations because their parents can't afford the legal costs. I've been watching a dear friend go through this for years and can see that it would be near impossible for many.

Original poster
KhalliWhalli · 22/07/2021 23:02

@gogohm There is no way she could afford a solicitor specialising in international custody disputes.

OP posts:
2019user44 · 22/07/2021 23:04

Has your friend tried Russell Cooke solicitors? They are in London, specialise in international children issues and have a legal aid franchise. As previous posts have said your friend will need to prove that she is a victim of domestic abuse to get legal aid but domestic abuse is not just limited to physical abuse and does include emotional abuse too. See if they can help with the children issues. In terms of divorce, it may be harder to get a legal aid lawyer for that.

Donotgogentle · 22/07/2021 23:07

The state of legal aid funding is a complete disgrace.

Dixiechickonhols · 22/07/2021 23:45

She will be eligible for reduced court fees if she is in receipt of some benefits if she contacts court they can explain or info online re fee remission. Yes no legal aid for divorce unless very limited circumstances been that way for years. CAB May be able to signpost her to someone who can assist. If there are decent matrimonial assets some solicitors may defer payment. Keep childrens passports safely with her.

SisterMonicaJoansHabit · 22/07/2021 23:45

[quote KhalliWhalli]@SisterMonicaJoansHabit She doesn’t really have anybody to lend her the money.

What has HAPPENED to this country?[/quote]
Most people don't. It was over nine years after my split that I filed. I only did, because now I'm named on a mortgage, if I died it would totally fuck up things.

I'd still be happily married at a distance otherwise.

They need to make it easier for people in this position to get help, the problem with the online service is that it can't be used (I don't think) if anything is contested.

DelilahDingleberry · 22/07/2021 23:49

What is the custody dispute if the ex is abroad? The ex can’t legally take their child without her permission. Is he saying he will apply to court for that?

Original poster
KhalliWhalli · 22/07/2021 23:52

@DelilahDingleberry She is taking the DC to visit him, but wants it in writing that she can bring the DC back to the U.K. I thought she could get a solicitor to write something, but they have quoted thousands of pounds to do so.

OP posts:
PickAChew · 22/07/2021 23:54

Can't believe the people insisting it's all tickety boo. If your stbx is even mildly arseholish, you need a lawyer.

ILovesPeanuts · 22/07/2021 23:54

Reunite is a charity for advice where there's fear of abduction www.reunite.org
Legally the Dad needs her permission to take child abroad but people do abduct unlawfully. Speak to Reunite.

cochineal7 · 22/07/2021 23:56

Why would she even go if there is any doubt for being able to return with her child?

ILovesPeanuts · 22/07/2021 23:58

Just seen the latest. It'd be crazy to take the DC to where he is if he might try to retain them!! Court order or not, unless she knows the laws there very well it'd be risky.
Even where countries are signed up to The Hague Convention on Child Abduction sometimes they don't properly follow it. Japan is an example of a place that's signed up but really difficult to get a child back.

CrouchEndTiger12 · 22/07/2021 23:59

Echoing others you can't get legal aid for divorce or private children matters anymore.

It's really only available for care proceedings and domestic violence.

MrsBertBibby · 23/07/2021 00:01

I'm a legal aid lawyer in London.

You can still get legal aid for abduction risk cases, but not in her circumstances.

Tell your friend she should just not take the kids. Simple.

MrsBertBibby · 23/07/2021 00:05

And you certainly can get legal aid for divorce, finance and private children matters, you just need proof of domestic abuse or of a risk to the child.

I am currently supervising about 7 or 8 legal aid divorces, 2 legal aid finance on divorce, 4 transfer of tenancy, a couple of unmarried property cases and 10 or 12 private law children cases.

PersonaNonGarter · 23/07/2021 00:06

She should not do that. Really, taking them abroad is a stupid thing to do if there is any risk.

Even if she gets something ‘In writing’ it could be quickly and easily overturned in another country. She should absolutely not take the DC away.

MrsTerryPratchett · 23/07/2021 00:11

Hide the passports. Don't take the children to him. And I understand there's some process to protect against snatching that Reunite can talk her though.

She doesn't need a lawyer as much as some boundaries and common sense.

irresistibleoverwhelm · 23/07/2021 00:13

Legal aid in this country has basically collapsed. It’s a scandal most people don’t know about, but it’s been systematically decimated and made nearly impossible to get over the last ten years. What happens to the rule of law in a civilised country when people without money effectively can’t access the law?

Very few average people are thinking about this but it is one of the most chilling legacies of the Coalition/Tories.

JockTamsonsBairns · 23/07/2021 00:13

She is taking the DCs overseas to visit him?
No, she doesn't want to be doing that.

thinkfast · 23/07/2021 00:19

I think legal aid is potentially available where there is a threat of child abduction.

However your friend could be taking a massive risk in taking the children overseas to see their father. There are many countries which would then permit the father to keep the children with no recourse for the mother.

If he wants to see the children, he should come to the UK to visit.

timeisnotaline · 23/07/2021 00:35

Taking them to visit is a terrible idea. She should not do that. She should have passports kept safely hidden and he can visit - he’s not a full time carer on £800 a month to cover all bills presumably, so he can jet over to see his kids. Seriously this would be a very stupid move on her part.

Wingedharpy · 23/07/2021 00:55

Is she nuts?!
Seriously, she could have a letter from the Queen and it will not help one iota if Dad buggers off for the day with the kids, never to be seen again.
It could then take years of trauma, not least of all for the poor kids concerned, to sort out the mess.
Help her by telling her not to go under any circumstances.

MooseBeTimeForSummer · 23/07/2021 00:56

For goodness sake, please tell her not to take them to see him!

MooseBeTimeForSummer · 23/07/2021 00:57

www.gov.uk/get-help-with-court-fees

MooseBeTimeForSummer · 23/07/2021 00:59

Are there any nearby Universities with a Pro Bono clinic?