A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Legal aid to be stopped from Sep?

  • BoysMum
  • BoysMum's Avatar
  • Platinum Member
  • Platinum Member
More
06 Sep 12 #354175 by BoysMum
Reply from BoysMum
I have no idea how it would work :S

I think it is being stopped completely as of April 2013 except for DV cases.

Those questions are a bit above me, maybe someone on Wiki with legal knowledge may be able to shed some light on it?

  • ffc1991
  • ffc1991's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
06 Sep 12 #354179 by ffc1991
Reply from ffc1991
Well I was all for it tbh until thinking of those questions. Now my EX hasn''t made accusations to date but ***** me whats to stop anyone who has residence from accusing a ftaher of taking drugs. If they cant afford the tests then they simply wont be able to see there child.

That''s utter madness.

  • BoysMum
  • BoysMum's Avatar
  • Platinum Member
  • Platinum Member
More
06 Sep 12 #354210 by BoysMum
Reply from BoysMum
I agree, it''s very worrying. But bare in mind that if a RP were to make such allegations, they too would be LIP, so would they potentially make such claims knowing that the truth would unravel and that they have no solicitor to try and dig them out of a hole?

I''m not so sure that someone would be so dumb? Obviously where there are legitimate claims, it wouldn''t matter because you would be telling the truth. But falsely accusing someone, and knowing you are lying, also being a LIP............ I know I wouldn''t want to think of the consequence :huh:

  • ffc1991
  • ffc1991's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
06 Sep 12 #354226 by ffc1991
Reply from ffc1991
BoysMum wrote:

I agree, it''s very worrying. But bare in mind that if a RP were to make such allegations, they too would be LIP, so would they potentially make such claims knowing that the truth would unravel and that they have no solicitor to try and dig them out of a hole?

I''m not so sure that someone would be so dumb? Obviously where there are legitimate claims, it wouldn''t matter because you would be telling the truth. But falsely accusing someone, and knowing you are lying, also being a LIP............ I know I wouldn''t want to think of the consequence :huh:


But it will happen wont it? as dumb as it would be it''s going to happen. If they know fully well the other party can''t afford the costs of the tests they wont have chance to be made out to be a liar.

What happens now when RP''s make false accusations? they just get a slap on the wrist and anything they say in future is taken with a pinch of salt. But there is no real consequence to it from what I can gather and read.

Like I said I was all for this but after really thinking about it I just can''t help but feel that this gives power in a sense to the people who throw around false accusations.

What happens if a father accuses the resident mother of taking drugs. If she can''t afford the tests does the child simply get taken away?

I can only see 1 solution being if you make false accusations that you would incur the costs.

  • AnnoyedMummy
  • AnnoyedMummy's Avatar
  • Platinum Member
  • Platinum Member
More
06 Sep 12 #354230 by AnnoyedMummy
Reply from AnnoyedMummy
I wonder if the person who wants the tests done would have to pay for them to start with, and then the other person would incur the costs should they show anything up?
So if a RP asked for a drugs test to be done on the NRP, the RP would pay for it, but if it proved positive, then the NRP would have to pay it back?

  • Elphie
  • Elphie's Avatar
  • Platinum Member
  • Platinum Member
More
06 Sep 12 #354235 by Elphie
Reply from Elphie
What is all this about drugs test? Can one parent insist the other parent has a drug test now?! Surely, if there were accusations of drug or alcohol abuse and the children were potentially at risk then there would be a caffcass report done as part of the court process and they would see evidence of this? and / or reports to social services?

As for physiological testing....if the mental illness was so severe that it possibly endangered contact with the child, then that person would be able to get a referral via their ie, on the nhs? As such a mental illness would be having a negative impact on other areas of their life.....no? Am I missing something? If a gp didn''t think a referral was necessary (ie, maliscious accusation) then they could write a letter to the effect....?

  • AnnoyedMummy
  • AnnoyedMummy's Avatar
  • Platinum Member
  • Platinum Member
More
06 Sep 12 #354238 by AnnoyedMummy
Reply from AnnoyedMummy
In my case, CAFCASS ordered physcological testing, as my ex has a form of Autism and it was being questioned whether he was capable to have her on his own. They wanted a specialist to asses him to find out if he was safe to look after a child (which the NHS wouldn''t do). Also as he has a criminal record, they wanted that looked into, to see if he posed a threat to her.

My ex also had a drugs test done (which was positive) due to evidence that he was using drugs. Must say it was a complete waste of time and money, as it didn''t mean anything was done anyway!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11