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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Court tomorrow. Legal aid still isn't through. Please help.

14 replies

Remotecaboat · 12/09/2018 11:43

I'm having issues in getting legal aid.
I meet the financial requirements.
I should also meet the domestic violence requirements.
The problem is the proof. My ex attacked me. It was on cctv. My ex was not cautioned but instead given restorative justice in the way of an offenders course. They admitted what they had done to both the police and social services. All this is evidenced by their admission in the section 7 report and court documents.

The problem is that the solicitors/legal aid want specific formatted documents, none of which I can provide as they weren't convicted or cautioned. I got a GP letter but the GP will not write it in the format requested. They will only say I attended the surgery on X dates asking to be signed off with stress following the attack allegedly perpetrated by ex partner. GP point blank refuses to do anything else.

I'm stuck. I've been the victim of domestic violence and can not get legal aid because my case doesn't tick the boxes.

OP posts:
Remotecaboat · 12/09/2018 17:07

Bumping.
How do a self represent? It looks like I am going in blind.

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Joe66 · 12/09/2018 17:10

What is the hearing for?

Bluntness100 · 12/09/2018 17:15

I don't understand either, what is the trial for? Is it a civil matter?

Remotecaboat · 12/09/2018 17:15

Sorry, it's an enforcement hearing and a c100 new application for a child arrangements order.

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Gobbolinothewitchscat · 12/09/2018 17:17

Go in and ask for an adjournment until legal aid is granted. Take copies of the forms you have sent to LA and the supporting documentation. Prepare a time line of what happened when so you advshe the judge - i.e. When did you separate and when were form lodged etc

Gobbolinothewitchscat · 12/09/2018 17:20

Then send what you have to legal aid and explain the circumstances. Ask for a copy of your medical records and check them to ascertain exactly what was written at the time. I suspect the issue is that the GP cannot vouch for the abuse as you didn't disclose it at the time (I make no criticism of that). But check the notes

In any event, you need an adjournment tomorrow to let you check all the available evidence for the legal aid application

Remotecaboat · 12/09/2018 17:23

Sorry, I should have been clearer. I am the one who has applied to court. I am the non resident parent. Adjourning it would be a last resort really. I have no legal training, and am up against the other sides barrister however.

What if I just can't get legal aid because "computer says no"? I've adjourned for nothing.

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Deathgrip · 12/09/2018 17:26

I don’t understand why you’re attempting to conceal your ex’s sex in this post?

Regardless, you say The problem is that the solicitors/legal aid want specific formatted documents, none of which I can provide as they weren't convicted or cautioned. - does the outcome of their case actually meet the criteria for LA?

Remotecaboat · 12/09/2018 17:34

I am not concealing anything. I've come here because it was recommended to me as a good place to seek advice on this matter. I've looked on forums for father's and don't think they are in any way helpful to my set of circumstances.

The outcome of the case was my ex partner admitting to the police what she did. They offered restorative justice so she did not get a criminal record.

As far as I can see this doesn't count because she admitted it and then not cautioned etc.

But this seems wrong, doesn't it?

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Bluntness100 · 12/09/2018 18:02

So what are you trying to use the assault in the child arrangement case, you want access or you wish to be resident?

Remotecaboat · 12/09/2018 18:11

For legal aid. The assualt has already been dealt with on the previous hearings.

It is to adjust the final order made previously as it has been breached and manipulated by the other party. I wish to get an explicit order.

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Deathgrip · 12/09/2018 18:57

It absolutely does seem wrong - I was just trying to clarify

I’m wondering if there are any charities that may be able to advise you, I hope someone can link you to something.

Remotecaboat · 13/09/2018 15:50

Today went fairly well, as the other side was also unrepresented for some reason (they had written to me and asked me to drop my case as they believed it was a waste of court time. I replied to them and explained why it was necessary and attached evidence of the breaches to my email).

Some changes have been made, and a final contested hearing has been listed for 3 months time.

Now, to try and sort legal aid for that hearing... I have written a letter of complaint to the practice manager of the GP after finding the following information last night from the BMA (doctors union) which states that you are basically just confirming that the person told you at the time they were a victim of domestic violence. It also states they should complete the template letter. I'm hoping that when presented with this, they will review their own practices so it helps both myself and others who require this after me.
www.bma.org.uk/advice/employment/fees/legal-aid-domestic-violence

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Remotecaboat · 13/09/2018 15:51

When I said they had written to me, I meant their solicitor. I'm exhausted and my brain is frazzled from stress - sorry!

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