Advice on Legal Aid

[SilverFox96]

Hi,

I am currently going through mediation with STBXH and have been covered by legal aid. He is now threatening to take me to court.

Looking for advice on finding a solicitor who accepts legal aid and how the process works?

Thanks.

Was there domestic abuse involved?

No, however I am currently claiming Universal Credit due to a low income.

Legal aid is only available in certain circumstances, unfortunately.

If there has been no domestic abuse and there are no child protection concerns, I'm afraid you may find that you aren't eligible.

I have a call back tomorrow from Government website to see if I’m eligible. It says it can also be based on income and other factors.

Yes, income is always a factor, but never the only one iyswim.

Yes. thanks for the advice. This is all new to me and seems very confusing! STBXH is not engaging in mediation and wants to take me straight to court over our DS 🤦🏽‍♀️

You can self represent, legal aid is vanishly rare except in criminal cases and domestic abuse

How old is ds? What does the ex want? Full custody?

I’m hoping it doesn’t get to this point, but he is a bit of a loose canon at the moment!

There is a low income element , but, as far as I was aware legal aid for family court cases is only available if there is also domestic abuse or child protection (basically if there really is no alternative to the court route) Has mediation officially failed? I didn't think the other party could just decide to take you to court anymore either. What are the sticking points? If mediation hasn't actually failed, he can threaten all he likes.
You can also self represent which is quite easy.

DS is nearly 2. He currently has EOW and two mid week visits, in September I will be going back to work full time so he will be losing one of these mid week visits so wants every Friday night too. STBXH works late nights and is living with his parents so won’t be there to look after DS. I compromised and said he could have his Friday nights but not mine. So we wants to take me to court!

Why will he lose a mid week contract because you go back to work?

He currently sees DS one morning when I’m not working. When I go back full time DS will have to go into childcare for me to be able to work.