10th September 2019 at 8:20 pm #87795
I separated from my abuser some time ago. There is no contact between us and my ex is on bail condition to not have any contact with me.
I live with our child (he doesn’t have any contact with child too). He doesnt know where we live and he cant find out because it would be too dangerous for us. He is walking around telling everybody he is gonna take child away. I’m not working atm and I’ve seen solicitor for an advice about child arrangement order. The solicitor told me that more likely I won’t be able to get legal aid, cos there is no danger cos he doesnt know where we are. I cant afford to pay for it.
I spoke with different solicitor, not long time ago and they said they can help me, when he is not on bail anymore, cos for now I wont be able to get legal aid, unless i can pay for it.
Today I wanted to apply for a school for my child and it says, I need other parent consent or his details. I do not know what to do. It was easier with nursery cos I could just talk with a manager and applying for school is all online.
Will I be able to get legal aid for child arrangement order in that case? Even when he is on bail? (detail removed by moderator) and I’m afraid I wont be able to sort it till January
10th September 2019 at 8:55 pm #87804YellowflowerParticipant
Legal aid is all based on what a person earns. So as you are not working you would most certainly be eligible. Not all solicitors accept legal aid so please do ask first. Most give a free 30 minute initial assessment and then if you decided to proceed will apply for legal aid for you. I hope that helps x
10th September 2019 at 9:47 pm #87809EscapeeParticipant
It may be worth speaking to your education authority too. If you have legal documents in relation to non access etc then you may well be able to circumnavigate the system.
Schools are very hot on protecting the child so don’t be afraid to contact the child protection person at the school your child will attend – every school has one.
Hope this helps xx
10th September 2019 at 10:02 pm #87814fizzylemParticipant
I’m unsure why you need an arrangements order when he has no contact? I do know that legal aid is easier to apply for if you are the respondant, when he is the applicant; it makes no differenc who applies, both sides are taken into account, so maybe let him do the paper work and pay for the application, it’s £215 – so maybe you need to do nothing unless you hear from the court? Apart from choosing the right solicitor for if this time comes so you are ready in case?
Legal aid can be applied for under domestic abuse with a letter from your GP and / or low income.
Pretty sure you can only get legal aid once for a set period time; perhaps this is why? Because you have already had it for this period?
I would say this is a special circumstance re school and it’s vital he does not find out where your child attends school – as long as you have the authorities on your side for this then it shouldnt be a problem. Make sure he is not photographed or put on social media by any parent or on any of the schools marketing or website – the school can / should manage this for you. They should have a policy.
10th September 2019 at 10:34 pm #87817
I’ve never used legal aid. Ex do not have contact, but he claims he wants to. Social services was involved and due to his abusive and violent behaviour, I’ve been told I can keep child away from him and I can decide if he is allowed to see a child. I offered him contact centre but he wasnt interested and after harrasing me with calls few months back I changed my number and havent heard from him since.
Since then he assaulted few people (which I know) trying to find out where we are.
First solicitor said I might not be entitled to legal aid cos there is no real danger as long as he doesnt know where we live. (It was before he was on bail condition)
Second solicitor said that we are protected by police bail so I cant apply for legal aid.
Thank you all for your replies.
I will talk to local council and school headteacher x
10th September 2019 at 11:15 pm #87822fizzylemParticipant
Have you got a protection order? Sounds like this is what you and your child need. There is a charity who will fund this if you need it but I’m not sure which – maybe call the helpline and look into protection orders; if your gut is saying keep him well away from us then do whatever it is legally to get this in place. If you are saying no to access then it’s up to him to file for the arrangements order x
11th September 2019 at 10:06 am #87828
The only protective order atm is police bail with conditions to not contact me or approached me.
Police finished their investigation gave all evidence to CPS.
CPS keep extending his bail, because there are few charges and it’s not straight forward case.
I’m hoping they will take him to court and more likely we will get a restraining order.
11th September 2019 at 10:07 am #87829EbonyRavenParticipant
Police bail only lasts a certain amount of time. Try contacting your local domestic violence unit on 101 to find out if he is still under the bail conditions.
11th September 2019 at 11:13 am #87834
Yes I know. Its 28 days. Police officer who is dealing with case, rang me few days ago and told me about CPS decision to extended. Its third time it happend since last time he got arrested. Not sure if it’s a good or bad sign
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