Hi some advice re courts and legal aid

[mrskc]

Hi some advice re courts and legal aid

I can’t get legal aid because I earn to much.

I'm fighting for my kids in court and so far it has cost me £25k
When I started all this I had no savings and a £20k loan and a mortgage of £800 a month
I now have had to put £16k on credit cards so I have to pay the interest on them each month
Now I can’t get another credit card or loan and I have no spare cash because I have to pay down the debit.
So what do I do now?
I cant self rep in court have been told the case is to completed for me to do that
I have two kids and I don’t know what else to do.
I'm single mother but cant get any benefits because of my damn job

Anybody got any ideas

[ojread2]

So, as a single parent you can't get ANY help as in tax credits etc?

[mrskc]

well i get £ 3 a year in tax credits i earn to much

[ojread2]

you earn more than £66k per year ? Nice
perhaps one of the legal people here can help but why are you paying for this? Do the children live with their dad then?
If that is the case then he should be paying costs surely?

[bobjugs12]

I was in the same boat but as a father. I was entitled to no aid at all, and despite having a decent job, I was left with all her debts and £400 a month commuting costs to see the kids.

Unfortunately it's Sugar, but it's never going to change. At least you've got gender on your side. I had that against me.

[bobjugs12]

OJ. Where did you get the £66k figure from? I earn £28k and was told i had no entitlement to aid

[Nosha123]

as for 'nice' to her earning £66k per year..

Well yes - and I am sure everyone here who earns less would love that - but I'm sure there are higher living costs associated with it.. ie bigger mortgage.. bigger bills etc... and doubt that she lives in a tiny terraced house with £40k in the bank!!

[mrskc]

I dont earn £66k no where near wish i did

no i have the kids with me but my ex wants them as well even though he sexual abused them proven in court but he is there father so he has rights!
Even though they don’t want to see him.
this has now been going on 2 years

[mrskc]

Yes I live in a nice house 5 bed but with no equity in it at all so if I sold it I would and moved to lower mortgage cost it would not help but I would not get a mortgage with my debit which may i add i paid for walked away from my Marriage with nothing. in to a hostel for batted women and got a job and a house
Do wish I had not bothered with the job and stayed on benefit……that way I would get legal aid

[ojread2]

because, according to the entitled to web pages, you can earn up to £66k per year and still be entitled to CTC and WTC

I can't really understand how you have to pay your own legal fees if the children live with you? When I went through a similar thing, both myself and my then partner worked full time and earned a very good wage but because the children lived with us we were entitled to legal aid because it was for the children not us - maybe it doesn't work like that now then?
Wish you well, but you sadly, if you owe all this amount and you are mortgaged to the hilt with no equity, then I don't think there is anywhere you can go for more loans etc? Can you not consolidate at all?
I would have thought you can do away with a solicitor at any time during a case? Will he or she not work through a payment plan at all?

[ummmm]

It was proven in court that he sexually abused one of your children and you have to go through court?

[peggy26]

you havent said what ages your children are, if either of them are over the age of 12 then you could get them their own representative, and they would then recieve legal aid, be able to speak about their wishes and contact if they wanted with their father

[mrskc]

ummmmm yes proven and the kids have told him they dont want to see him but he is still fighting saying he has rights....

kids and 9 and 7 they have their own representative but ...i still have to pay for me to talk to them i.e if i want to know whats going on i have to ask my own representative then they have to send a letter to the childrens representative !!!!!

yeah i know .....but they can not talk to me because they have to stay Neutral

So if I have to fill statements which I write myself and get my solicitor to check them and fill them to court

And my ex is also allowed to send cards etc each month and each month they cost me £16 for them to send them to me or a letter to say there is a present at the offices for the kids.

My solicitor has even wrote to him and told him to send it to my home but NO
so it is cost after cost

[Kathyan]

Get a job as an MP, you'll get legal aid then! Sorry to be flippant, but the justice system in this country is a joke. I really feel for you. I hope you find a solution soon. xxx

[ojread2]

Sounds like a nightmare!

Hopefully Sara will pop in to answer your question - it all sounds pretty awful to me
Good luck a

[ummmm]

So if he was convicted of child sex abuse what was his sentence? Is he on the sex offenders register?

Have you tried going to your MP?

[sara3]

oj, I deal with fraud cases and don't have much to do with the Legal Aid system.

I can't believe that any court would consider giving a father custody where he has a criminal conviction for abusing the children.

I would suggest contacting a relevant charity/welfare group for further advice.

[NoMercy]

How does he have rights? My biological father tried to get access to me when I was still tiny and the judged banned him from contacting me until I was 18.

[mrskc]

Ummmm

Yes he is on sex offenders register he was sent down for a year!!!

But he can still demand to see his kids and judges have to listen to him under human right
Even though he was sent to jail he still claims he did not do it ???? yes I know

He wants supervised contact
I have said NO WAY social serves please don’t get me started on them have said kids don’t want to see him blah blah
But he is STILL fighting trying to bleed me dry I think as he gets legal aid

We have had 3 finding of facts
6 times he has cancelled court dates halfway though some times due to him being ill (and sick in the head)
which each time cost me money as I pay by the day for my barrister
and each time it is cancelled he will fill another statement saying he wants this report done etc

yes it’s a nightmare

when ever you hear the court will do what is best for the kids yeah right
just bring up human right and they will start to shake in fear!!!

Spoke to M.P ha what a waste of time ………

[ummmm]

That's shocking...I really don't know what to say.

[bozie69]

if the courts say its the farthers rights/human rights to see his kids when hes on a sex offenders list for abusen them then is it not the kids human rights to stay away from there abuser.any way my cus was 9 when my ant and unc split for a few months my cus went seeing his dad every weekend and soon said he no longer wished to see his dad.my unc at the time tried everything poss to see him the only way he seen him was sitting out side the school and watching him leave to get on the bus.has for leagel aid you should go cab these guys can help you more than anyone on here ever can dont pay for a lawer if you dont need to has for your debet you live in a 5 room house sell it and down size you dont need this right now and can help your other problems.