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Legal aid - grey area?

miami18

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My ex partner is accessing legal aid, whilst I am paying my legal fees out of my own pocket.

When my solicitor first took a look at my case, the first thing she said is that my ex partner isn’t eligible for legal aid and that we should dispute it. My barrister disagreed and said it’s easier when both sides have legal representation. Easier for who though?

Under the 2012 act, the main criteria for eligibility is that you must be a domestic abuse victim. This doesn’t necessarily have to be reported to the police, one can tell their GP and this can be enough to be eligible. Along with having no savings, income etc.

In my case, my ex partner had never made allegations against me. I left the relationship due to her toxic behaviour/cheating being out of control. After I filed my c100/c1a, she proceeded to tell her GP that she had suffered from ‘emotional abuse’ due to my accusations and filing of court documents etc. She also told the police I had harassed her via text message (totally untrue), which was literally laughed off by the police who had informed me of her accusation. Clearly a ploy to get access to legal aid, she has full representation.

I don’t see how this is strong enough evidence to be eligible for legal aid? It’s literally paper thin.

Does anybody have any experience of this side of things?
 
Hi

I agree with you. The bar to get legal aid is quite high.

I think there have been some changes recently which tilt in the Mother's favour such as the reporting of allegations in cafcass reports without the caveat that they are alleged etc but I don't think this has changed.
 
Hi

I agree with you. The bar to get legal aid is quite high.

I think there have been some changes recently which tilt in the Mother's favour such as the reporting of allegations in cafcass reports without the caveat that they are alleged etc but I don't think this has changed.
Which doesn't make sense in my case, as my ex partner seemingly got access to legal aid like it was nothing
 
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