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Legal aid query
#1
Hello,

Was hoping for some help on a matter im having in family court with regards to contact with my son again.

I have a fact finding hearing next year and this is going to be very expensive for me (as it has been from day 1) for legal fees incurred.

My ex partner got legal aid for mediation, but I was hoping to find out if she has attained legal aid for these court proceedings? I know there needs to be domestic violence for her to get it, she has accused me of rape which has been NFA by the police, this is now going to a fact finding next year.

I am wondering if she will be able to get legal aid on these grounds? She has also phoned the police multiple times accusing me of harassment/intimidation/stalking etc. Each time it was NFA due to there being no evidence (and it not actually happening).

I will be very miffed if she has managed to have all of her legal fees paid for just from ringing up the police and making some false accusations. Is there any way to find out if she has qualified for it? And if so, if there can be an investigation carried out to see if she really does qualify for it, since there has been no convictions or arrests for any DV?

Cheers in advance guys!
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#2
There needs to be DV as you correctly state or a Domestic Violence Protection Order or a protective injunction, caution for DV etc. It sounds like she is trying really hard to get legal AID.

The simple answer to part two of your question is, you can ask her solicitor. That's what my solicitor did.

The answer to whether she will actually receive legal aid is that it is vanishingly unlikely. Even the evidence of physical assault you can get from a doctor needs to be quite substantial. My ex made allegations of DV and I was on bail at the time but was never charged. Her assaulting two people including a child and the police attending for that whilst I was on bail may have had something to do with that! But she didnt receive legal aid and doubt your ex will either.

On a separate note, what is it with women and accusations of sexual assault? Mine did the same and of course that being true it went nowhere either. Mad
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#3
(10-26-2017, 02:26 PM)kettleman Wrote: Hello,

Was hoping for some help on a matter im having in family court with regards to contact with my son again.

I have a fact finding hearing next year and this is going to be very expensive for me (as it has been from day 1) for legal fees incurred.

My ex partner got legal aid for mediation, but I was hoping to find out if she has attained legal aid for these court proceedings? I know there needs to be domestic violence for her to get it, she has accused me of rape which has been NFA by the police, this is now going to a fact finding next year.

I am wondering if she will be able to get legal aid on these grounds? She has also phoned the police multiple times accusing me of harassment/intimidation/stalking etc. Each time it was NFA due to there being no evidence (and it not actually happening).

I will be very miffed if she has managed to have all of her legal fees paid for just from ringing up the police and making some false accusations. Is there any way to find out if she has qualified for it? And if so, if there can be an investigation carried out to see if she really does qualify for it, since there has been no convictions or arrests for any DV?

Cheers in advance guys!

From my understanding, a None Molestion Order needs to be made either by Police taking a case to Court, or by her own application, to a County Court.

The way Legal Aid works is now contracted, so if he does have represation, I know the name has now change, but you need to contact what used to be the Legal Services Commision, and complain that it should not be granted on Merit, as the Police case went NFA.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
Thanks for the advice guys, seems solid that she isn't getting it but ill ask my solicitor to contact hers to see if she has got it!

Really appreciated
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#5
No problem. Do let us know what happens. And think about your finances. Do you need a solicitor all the way through your case or just parts of the proceedings? It's not only possible to self-represent, but it's empowering too - it feels good to have some wins off your own back.
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#6
This my next fact finding hearing is going to cost me just shy of £4000, £2400 for a solicitor to be there for 2 full days and the rest in appointments,statements, witnesses etc. It seems ridiculous this hearing is the breaking point to put my ex's allegations to sleep and turn it all around, its financially ridiculous but i cant put a price on being able to see my son again (though a new car would be nice with this money!)
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#7
Yep, it's all a mad amount of money.
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#8
represent yourself. ex partner know when you got a solicitor they are even more likely to make up loads more accusations and cost you more money. They have to prove you done all these things and family courts aren't stupid. if you haven't done it just say its not factual or untrue . All you got to do in court is be calm at all times and don't interrupt judges or ex partner and be child focused and you will be fine
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#9
Does anyone know if I can I get legal aid if she's admitted assaulting one of our children and still has the other 2 and refusing to let either me or our son see them making false dv about me.

Regards
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