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LSC want more details to fund residence order??

  • anny
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01 Jul 12 #340424 by anny
Topic started by anny
Hi this is a long story, but I find myself applying for contact and residence order for my 5 year old daughter, LSC had only give me funding for contact order but refused for residence order, what details do they actually want? isnt being her mother enough??, they only granting partial legal aid which means I got to pay for it as well, my husband got full legal aid for residence and contact order as he doesnt work.
Does this means if I can get help for a residence order will my husband will get sole residence order? how can I defend myself if I can not get a solicitor about the residence order?, will contact order give me less rights than a residence order?.
My husband is stopping contact with my daughter, just to clarify I left because of DV, I have no mental issues, no alcohol issues no drug issues and go a decent job, all this my husband is trying to destroy as well and lying about lots of things trying to put the DV issue against me and acussing of alcohol issues and mental illness, when he has the mental illness and suffers from delusions but the law is on his side because he was the primary care even though I did everything, and he emotionally abuses my daughter by telling her that I am evil and an abuser and dont love her because Im not going back with him all this I told social services and they wont do anything until it goes to court.
sorry too long thanks for advice.
A.

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01 Jul 12 #340430 by Fiona
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Both parents have equal Parental Responsibility and a residence order determines where a child lives. A residence order can be in favour of one parent or both. The outcome of a significant number of applications for residence is shared residence, although SR doesn''t have to be 50:50 it can be different proportions.

IT''s always an uphill struggle changing the established living arrangement unless there is evidence that a child isn''t surviving satisfactorily. Allegations and counter allegations are not unusual and a judge will have difficulty in choosing between two versions of the same story without evidence from impartial professionals such as teachers, health care workers or social workers.

There is a no order principle meaning that the courts won''t usually award sole residence unless for one reason or another the child can''t "live" with the other parent. Before granting Legal Aid for a residence case the LSC will want to ensure there is a good chance of success.

Hope that helps. :)

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