Legal Aid/Parental Issues Help Needed ASAP

ComeTheRevolution

This should be on a legal or family forum but unless the law has changed recently, I don't see the problem. He cannot order her to travel to him with the children, etc., he can only apply to the courts for a contact order or to have a current order amended. He isn't doing that so all she has to do is ignore his demands.

Similarly the school issue. He can apply for a Prohibitive Steps order to stop a change of school through the courts. Again, he isn't doing that.

She cannot take him to court for his trying to control her which is all that's actually happening. Doesn't sound like he'll be any more likely to get legal aid than she will.

headgirl49

I agree cometherevolution but the issue is i stop contact and he goes to the solicitor and complains. when i go to mediation he never turns up. I've emailed the old solicitor I was with before explaining the situation and he wants to meet with me this week. Is there anything he can do? I'm a single mum on benefits with 3 kids..one of which is disabled and I have to look after

shoe*diva79

headgirl49 wrote: »

Hi guys and fellow girls x x x
I joined moneysavingexpert as my boyfriend told me about the site and it's meant to be very good. My current situation is that a few years ago i broke up with my kids dad because he use to hit me and cheated on me. The guy i'm with now, my current bf is amazing and treats the kids like his own and my kids love him.
They still their real dad, but he's (1) never given me child maintaince despite working and I can't do anything with CSA because he is fiddling it and i know it. I did report him for this but heard nothing..(2) he's currently been disputing with me about allowing our children to be put into the school I want. He's gone so much out of his way about this that for no valid reason he's saying he doesn't want them there.
(3)he told me him and his partner 2 months ago were moving to lancashire so the arrangement would be that he would pick them up even though we live a hour and a half away...
(4) He's been collecting the kids..but before moving would expect me to pick them up because 'everyone is' drunk at his house inc himself. Which left the liability on me. Whenever i question why he has to drink on the only days he has the kids it turns into an argument. So much so I just said he won't see the kids, so he took me to a solicitor. I also got a solicitor who wrote back, but was helping me get legal aid too. As i had problems getting legal aid I didn't get it in time for the cut off..but his solicitor told me in mediation there was o more issues anyway..I thought the matter was thus sorted. But I asked my solicitor for legal aid anyway, he told me at the time as mediation and the matter is sorted theres no grounds for legal aid so I couldn't claim...the issue now arises that as he's moved to manchester he's still claiming he doesnt want the children in the school I want (despite telling me to my face it's fine) and more importantly..he's now asking me to meet him halfway..and yesterday told me his car had broke down so i needed to do the 1 hour 30 min drive. The week before he had already asked if I would go up there and I told him i couldnt afford it as i'm supporting all 3 of the kids financially. I suggested he get a train or bus, the train was £60 for 3 of them. Strangely he fixed his car the next day when I refused to go. But now i am fed up of him and i wanted to know..is there any grounds for me to get legal aid or a solicitor??

You can still get legal aid for mediation which courts prefer you to do. I found this out yesterday on a court ordered SPIP

headgirl49

Hi do you think thats what my solicitor wants to talk to me about? If he doesnt what law can i state to him to ask for legal aid on mediation grounds?

pmlindyloo

If you have evidence that your ex has abused you or your children then you can still get legal aid.

Obviously I do not know enough details to know if your ex. being drunk whilst in charge of the children would be sufficient to go down this path.

You should be guided by your solicitor by this.

If your ex. has also abused you in the past and is threatening you/children in any way then this may also be sufficient grounds to get legal aid rather than go through the mediation route.

Otherwise, legal aid is only available for mediation.

headgirl49

He has never abused the children. But as I said he used to hit me infront of them. And also he drinks around the kids and then tells me he can't take them back to me because he's drunk. So i have to go and get them.

lighting_up_the_chalice

There must be a "Womens Support Network" or similar in your area, possibly even linked to Domestic Violence services. They will be free to access, can offer you good advice and signpost you to other services who may also assist. Traditional legal advice isn't always the best, even if is usually the most expensive.

At the end of the day, you have offered mediation as a source of resolution. Should your former partner ever go as far as court with this, mediation would likely be the first option they would insist upon.

headgirl49

There isnt

lighting_up_the_chalice

There will be. What LA area do you live in?

ComeTheRevolution

headgirl49 wrote: »

He has never abused the children. But as I said he used to hit me infront of them. And also he drinks around the kids and then tells me he can't take them back to me because he's drunk. So i have to go and get them.

He ABUSES your children!!!