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Possible Residency Battle - also LSC and Legal Aid

  • Tazman_1978
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02 May 12 #327924 by Tazman_1978
Topic started by Tazman_1978
Afternoon Everyone,

This is my first post so I hope you don''t mind me asking for some advice here.

I had better give you all a quick run down of events.

Back in 2005 I seperated from my then Wife, basically she was doing a lot of drink and drugs, I also found out that my youngest child was not actually mine. There are 4 children altogether.

In 2006 I met someone new and after a while my my ex stopped me from seeing the children. I went to court to get a contact order and she then accused me of abusing the children. You can imagine the shock and twisted feeling of sick I had in my stomach at that point. After 2 Social Services and Police investigations and almost a year in and out of court it was ruled that the allegations were completely false. In fact, I won residence of all the children, even the youngest that isn''t mine, my view being that it isn''t the child''s fault that the mother was unfaithful. I also had a divorce finalised during the proceedings.

Throughout all of the court hearings etc, my ex recieved legal aid but due to her complete lack of reasoning her certificate was revoked.

I put myself in just over £20K worth of debt in legal fee''s and also represented myself near the end.

In 2007 all the children started to live with me and my new partner and her Daughter. We married in 2009 and everything had been going along nicely.

In 2011, I recieved a letter from a solicitor, my ex wife wanted residency of the youngest child. Of course I refused and then we had to attend mediation. The first time we have been in the same room since court. It wasn''t easy, especially after what she had accused me of but I kept my cool.

During mediation she added she also wanted the second youngest child, again I refused.

mediation went on for several months and I''m now just waiting for a letter to arrive with court details.

My main question is this, I''m 100% certain she is recieving legal aid again...how is this possible? Her previous certificate was revoked and I was of the understanding that you couldn''t gain legal aid once revoked.

Has anyone here had experience complaining to the LSC? or has any advice on how to get this looked into?

Thanks for your time.

Taz

  • jonathancj
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02 May 12 #327957 by jonathancj
Reply from jonathancj
You may well ask! What reason has she given for wanting residence? How does she reckon it''s best for the children to be disrupted now? I''ve seen certificates revoked once CAFCASS have recommended that the kids stay put, but not usually before then.

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02 May 12 #327961 by Tazman_1978
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She states that the youngest child has told her that she wants to live with her and she wants the second youngest to "keep her company".

This is what has been said via solicitor letters and at mediation.

The mediator actually met the children too and they have all said that they want to stay living with me.

I feel pretty certain that if it went to court her request would be denied.

I would just prefer to stop it getting that far to start with.

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02 May 12 #328066 by jonathancj
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If that''s all there is to it, it''s plainly inadequate. Unfortunately there''s no mechanism to stop a poor application from being made.

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04 May 12 #328349 by Tazman_1978
Reply from Tazman_1978
I understand, I was just wondering how it would be possible for her to get public funding again?

Surely this is a continuation of the original case and therefore the revoked certificate should be raising some flags?

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04 May 12 #328447 by Fiona
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From what you said there was a final hearing to determine residence so this would be a new application and your ex can a apply for a new legal aid certificate.

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25 May 12 #332893 by Tazman_1978
Reply from Tazman_1978
I see, Thanks for your advice.

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