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Can I get a free family solicitor?

13

Comments

  • Grenage
    Grenage Posts: 3,217 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To be honest, if someone of any sex tried to stab me with a pair of scissors - I'd punch them in the face.
  • marywooyeah
    marywooyeah Posts: 2,670 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP what do you do for income? to get legal aid you need to be financially eligible and also show documentary evidence the either you have been the victim of domestic abuse or that social services have deemed your ex partner to be a risk to your child.

    Just reporting an incident and getting a crime number is not sufficient. you need either an ongoing charge, bail conditions that are still in force or an unspent conviction. It doesn't sound like you can obtain any of these, have you reported your concerts to social services? you can request that theye undertake a risk assessment and if negative, you can use this to secure legal aid.

    Alternatively if a gp or other registered health professional feels that you are suffering a condition attributable to domestic abuse and completes a Response from.Health Professional letter (Google it) this will suffice.
  • https://www.childrenslegalcentre.com has a lot of information that could help. They also have a helpline but ask that you study their factsheets first before calling if you have further questions.

    And as previously mentioned, Mankind can support you. Also the CAB, but the quality of their advice can vary

    If you do decide to go for full custody, you can represent yourself in Court - you don't have to have a solicitor. You need to complete a form C100. I don't know if you could get a McKenzie friend to support you if you do this, but you could enquire, at least. You will have to go to mediation before you get to Court. Carcass can help with this.

    No matter what you decide to do, please remember that there is a child in the middle of this, who is affected by each and every move that you and her mother make. Make sure that whatever you do, it is because it is in your child's best interests, and not because you are point scoring
  • DUTR wrote: »
    Whatever the reason does it make it right?!
    If he came home drunk and attacked her would that be ok? Of course not!

    I don't think you quite grasped the point behind my question. I wanted to know what provoked her to such an extent that she threatened the OP with a dangerous weapon. Did he used to thump her on a regular basis that she felt compelled to defend herself? Was the attack completely unprovoked? Is the OP an angel and the woman a homicidal, psychopathic maniac?

    Look, we've only heard one side of the story. I'd like to know a few more facts maybe. But we ain't gonna get it are we, but it was worth asking the question, don't you think?
    “Learn from the mistakes of others. You can never live long enough to make them all yourself.”
    ― Groucho Marx
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 January 2016 at 6:27AM
    I think the OP needs to look at his own behaviour, even if the situation happened as he has described, exactly, the response was worrying. He could have just left the room/house. I would if someone was getting violent. And yes, I doubt she just decided to pick up scissors, I assume there was an argument going on beforehand. Picking up scissors is a conflict response, she was responding to something, however wrong her actions. This is something the OP could have altered. Answering violence with violence is a choice and says a lot. My ex tried to grab our 18 month old son, took him out of bed at nearly midnight and said he was going to leave the house to 'teach me'. I watched him, waiting for a chance to grab my son back safely, I managed to get my son off him, kept him and me as safe as I could, in the end I was on the floor outside wrapped around my son. I never once hit out as my only concern was my son. Its a choice. I was terrified, but I didn't escalate the situation.

    The presents could have been just left at the door. I have a picture of the OP at the door, insisting on seeing his daughter. It was probably only going to go two ways.., police being called or what actually happened. Not that I support this, just saying that things need to be thought out.

    Custody cases are always very traumatic. The OP needs to be a lot stronger, analytical of his behaviour and measured in his responses to stand a chance. Even then, there is no guarantee.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I don't think you quite grasped the point behind my question. I wanted to know what provoked her to such an extent that she threatened the OP with a dangerous weapon. Did he used to thump her on a regular basis that she felt compelled to defend herself? Was the attack completely unprovoked? Is the OP an angel and the woman a homicidal, psychopathic maniac?

    Look, we've only heard one side of the story. I'd like to know a few more facts maybe. But we ain't gonna get it are we, but it was worth asking the question, don't you think?

    Domestic violence is not tolerable from any gender in any circumstance period!
    There are all sorts of provocation and mental torture, some people are stronger than others before they 'crack' . All of a sudden it's the OP's fault? When the tables are turned there is a different line of reply.
  • No, the OP is the only one here and he can only control his own actions. There's no point in replying to the OP's ex. Would you rather we said knocking an ex flat is perfectly acceptable?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I think the OP needs to look at his own behaviour, even if the situation happened as he has described, exactly, the response was worrying. - Defending yourself?! He could have just left the room/house. - Maybe he didnt want to turn his back on someone with a sharp object in their hand?! I would if someone was getting violent. And yes, I doubt she just decided to pick up scissors, I assume there was an argument going on beforehand. - So that makes it ok?! So if your partner attacks you after an argument, it's all your fault?! Picking up scissors is a conflict response, she was responding to something, however wrong her actions. - WHAT?! This is something the OP could have altered. Answering violence with violence is a choice and says a lot. - It says he did the RIGHT thing. My ex tried to grab our 18 month old son, took him out of bed at nearly midnight and said he was going to leave the house to 'teach me'. I watched him, waiting for a chance to grab my son back safely, I managed to get my son off him, kept him and me as safe as I could, in the end I was on the floor outside wrapped around my son. I never once hit out as my only concern was my son. Its a choice. I was terrified, but I didn't escalate the situation. - You handled it differently, some might say wrongly, since you didn't ring the police. Though others might say he has as much right to take his son, as you have.

    The presents could have been just left at the door. I have a picture of the OP at the door, insisting on seeing his daughter. - I know, a father, wanting to see his daughter on her birthday, the monster. It was probably only going to go two ways.., police being called or what actually happened. Not that I support this, just saying that things need to be thought out. - ye the child is much safer in the hands of the violent family.

    Custody cases are always very traumatic. The OP needs to be a lot stronger, analytical of his behaviour and measured in his responses to stand a chance. Even then, there is no guarantee.


    What?! - No sorry, someone attacks you, especially with a weapon, you defend yourself - male or female.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    No, the OP is the only one here and he can only control his own actions. There's no point in replying to the OP's ex. Would you rather we said knocking an ex flat is perfectly acceptable?

    IT IS!


    It definitely and totally is


    Anyone who attacks you, you have the right to defend yourself.
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the OP had expressed remorse at the violence, rather than merely that she was female I would have been more on his side.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
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