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

[KhalliWhalli]

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 I took a friend (in an equally messy and complicated split!) over a year ago.
Her first step should surely be a PSO (Prohibitive steps Order), for which I believe she could gain legal aid for. The divorce itself if no DV, no legal aid won't cover this. It's a hugely stressful business and she will need lots of evidence.
Taking the children anywhere outside the UK in these circumstances would be an act of insanity, please heavily discourage her from doing so!

If the kids are citizens of that country, then him not returning the child wouldn't be kidnap.

Unless she has full legal custody or similar.

A divorce isn't going to solve any of these problems.

She needs to sort her benefits out. I don't understand how she is possibly surviving in London on £800 per month and she would be entitled to more. She needs to save money to get proper legal advice.

So much could impact this. How long have the kids lived here? When did she tale them from their home country/decide she wasn't going back? Did they all live here together or there?

What country is it? She could find that, actually, keeping them here in the UK might (legally) the wrong thing to do.

This is far more than just a divorce case. If she can save up for flights for all 3 of them, she can save for a divorce. But the child arrangements could get very complicated. Especially, if there's a chance that op is the one that's, legally, abducted them.

Still wouldn’t take them. Is she being threatened or coerced to take them? Tell her to keep record of everything.

Which country are the children on roll at school? Where was the family home? Which country are we talking about please OP?

Why is the divorce the priority for your friend when there is so much else to seemingly resolve regarding their children?

I agree with the comment upthread, £800 a month in London would make it nigh on impossible to survive, it is highly likely your friend is entitled to far more, in many areas this figure would not even cover the LHA monthly rate, how on earth is she coping?

Hey, just to remind everyone this ISN’T me!!! I am just saying that before someone asks me why on earth I am trying to adopt a dog in such a situation (my other current thread).

I want to answer all your questions but can I get back to you? I don’t want to overstep the mark.

@KhalliWhalli

Hey, just to remind everyone this ISN’T me!!! I am just saying that before someone asks me why on earth I am trying to adopt a dog in such a situation (my other current thread).

That would be peak MN.

Seriously why is she even considering taking them abroad (and the associated costs of travel to wherever he is?)!

If he wants to sort out contact with his children he can do it through the courts here.

Why would she even consider taking them there (wherever it may be)?

Look, your friend needs to give her head a wobble. If she travels to a non-Hague Convention country with the children, she will not be coming home with them, especially if they are boys. If she is happy to take that chance, then she should go ahead and travel. Why not just put the kids on the plane by themselves and have Dad meet them at the other end to start their new lives? It would save her the cost of her flight, at least.

I think the 800 a month is after rent is paid for.

@MrsTerryPratchett Isn’t it just .

But if she's paying rent then she should be getting money towards rent too - tho perhaps not all of it.

Were they all over here and he returned, or has she taken the children without permission?

Do the children have dual nationality?

I know nothing about international custody battles but I think it would be seriously unwise for her to get on a plane back to her husband. I'd wait until it was court mandated. She won't get the child back here. It's frankly stupid she's even considering it.

I'm not sure if they still run but some of the Unis used to run 'law clinics' where students studying law were able to advise. This might be an option at least for finding out about the process, general advice etc. It sounds as if it may be a very complicated case especially if husband /either of them aren't British/live overseas.

What has HAPPENED to this country?

I am baffled as to why you think the tax payer should pay for this letter, OP? Surely your friend should just not put her DC in harms way?

@KhalliWhalli

It’s a bit of a grey area, as the DC are citizens of the DH’s country and they’ve lived there longer than they have lived in the U.K. If she doesn’t take them, he could probably accuse HER of abduction.

It really depends on how long they have been here and whether they have settled here so that they have acquired domicile - I think. But your friend should get advice - maybe Citizens' Advice would be a good starting point, some of them have lawyers coming in for free drop-in advice sessions sometimes.

@PickAChew

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

My stbx was completely arseholish. I needed my solicitor and barrister. The idea of agreeing finances with him with no legal representation is laughable. I'd have ended up with none of our joint assets.

If the kids are citizens of that country, then him not returning the child wouldn't be kidnap.
It still would be abduction. It is decided on the basis of the children's usual residence, not nationality.
OP, your friend needs a Prohibited Steps Order and an all ports alert put in place. The latter she can do through police while she waits for the first. I think Women's Aid do help with PSOs.

OP how long has she been back here here with the children? Is there a reason why the divorce needs to be done now? I am not sure I would be rushing to be honest especially if she wants to stay here and he hasn't taken any legal action to have the children returned to his country as it might inflame the situation. Also definitely wouldn't take them over to see him, there are time limits that apply to return orders being made, I think if she goes there it might re start the clock so to speak. She should take specialist advice though I'm not an expert would agree that reunite is a good place to start. She could also probably get a free 30 minutes with an abduction specialist they are all over the country and it could be done on the phone

She shouldn’t go. It’s not difficult to not get on a plane.