Will Ex's Legal Aid Ever Dry Up?

[DannyK]

Hello Dads,

Just wondering.. does anyone know if the Legal Aid claimed by Ex's (due to false Domestic Abuse claims) ever dries up?

Ie. Will my Ex still be able to claim Legal Aid (to finance her Child Arrangement legal team) in 2/5/10 years as a result of DA Allegations (false obviously) made following our split in 2022?

I've also just received notice of a CMS Appeal / Tribunal, and the paperwork completed by Ex is all in somebody else's handwriting - almost certainly a solicitor financed by Legal Aid.

I'm really hoping that these claims of DA cannot go on indefinitely (for years) as a path to getting Legal Aid, because otherwise things will never calm down and we will never be able to coparent our daughter whilst Ex is financially incentivised to accuse me of everything under the sun, and make things as acrimonious as possible.

It would make sense to me that Legal Aid cannot be claimed beyond 2 years after the relationship ending, but as most of us know; common sense does not prevail.

Thanks!

 

[Ash]

There is a limit to it within a particular case, but I don't know what that limit is unfortunately. And I think even then they can re-apply.

 

[Concernednan]

I can only go by what happened with my son.

There was no evidence to prosecute false claims of DA, so whilst she got Legal aid for NMO by claiming it, she isn’t getting anything for CAO

 

[Kev19]

Would legal aid not cease after a final hearing? Say the Dad gets his court order but the Mother breaks the order and was taken back to court would she then not have to pay for representation?

 

[DadLad]

Good point because I don't know how my ex has carried on getting legal aid through multiple different hearings.

 

[Ash]

I don't think your ex will be eligible for legal aid. Once your case was completed, that finished. If she tried to make new allegations, she probably wouldn't get far because of your recent situation where she made some and they were dismissed.

It's not impossible though that she might make a few allegations just to get legal aid, even if they are dismissed straight away. But try not to worry or think too far ahead. You already have an order and that protects you and your relationship with your child.