Opposing Ex's Legal Aid Claim

[edinburghmum1985]

Does anyone have experience of opposing a claim for legal aid?

I have recieved a letter from the legal aid board in Scotland stating that my ex intends to take me to court for contact and PRR.

My reasons for opposing -

I know that he works and earns a decent wage cash in hand

He already has contact twice a month so it is unreasonable to use tax payers money for his claim

My toddler is in the process of an autism diagnosis and it is not in her best interests to have contact imposed on her taking her away from the only home and only parent she knows.

Does anyone have any advice? My solicitor has advised that I write to the board personally to oppose his claim.

Any advice appreciated.

How can they prove cash in hand? Twice a month isn't much contact -for an autistic child more regular contact may prove to be beneficial.

I think only your first reason would be one for the legal aid board and you'd need proof. The rest is an arguement for court. TBH unless there's much more to it than here (and I'm sure there is) he will have a good case for more contact.

Thank you.

He works for his fathers garage and also sells cars via 2nd hand websites. His mobile number is still listed as a contact on the garage website and I have found a couple of adverts selling cars with his number listed as the contact.

There is a lot more to it. He has never lived with my child & she has never been to his house, mainly due to his lack of interest in the first year. She becomes very distressed on sight of him which leads me to believe that something may have happened on one of the visits where he and his mother took her out for the day. As with every single parent situation there is a wealth of background to my case.

the merits of his claim for contact are irrelevant to his application for legal aid.

English legal aid used to be means and merits tested. It used to be limited to such things as a favourable CAFCASS report being received. So, if an unfavourable report was received it was sometimes possible to get the legal aid board to refuse any further funding as there were no prospects of success.

Do you have evidence of his income? Legal aid is more generous in Scotland than England and someone on an income of £25k may be entitled to some legal aid.

Babybarrister is right. It is better he has assistance rather than none.

Normally when you attend a hearing the solicitors/barristers/McKenzie Friends for each party will talk before a hearing to attempt to narrow the issues and come to an agreement before you see a judge/magistrate/sheriff/whatever in the hope that it can be rubber stamped without the need for a protracted hearing.

In my experience when one party is unrepresented he/she'll usually refuse to negotiate at all and say something like `I will wait until we get in court'.

A good solicitor, barrister or McKenzie Friend can make a big difference.

I agree it is better your ex has legal representation, particularly in Scotland where the language is different and court procedures can difficult to follow. For example we have advocates and lay assistance rather than barristers and McKenzie Friends.

Some solicitors here aren't specialists and it's important to ensure your own solicitor specialises in family law.