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foxyferret | 15:19 Tue 15th Mar 2011 | Civil
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my daughter has had a letter from a solicitor saying her ex wants access to his daughter .She is two, and the ex has had no contact by his own choice for 18 months. His name is on the birth certificate. He had to have a detachment of earnings order put on him by the CSA as he was non compliant. My daughter has only ever received one payment in Jan this year when he immediately put in an appeal. He was not interested in access before he was forced to make this one payment. My daughter has no money and no savings and is very worried that because she cannot afford a solicitor, everything will override her wishes. She is not denying him access but wants it all in writing and above board.In these circumstance, could she apply for legal aid and is she likely to get it? I believe it has to be paid back, is this the case? Any help appreciated.
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Legal aid only has to be paid back if the legal action for which it is granted results in some financial gain to the claimant. This seems extremely unlikely to be the case here.

If she has no money I assume she is on benefits &/or a very low wage so she shoule hopefull qualify for legal aid but a financial test will be made as well as a test regarding the likely outcome of the case. She needs to find a solicitor who does legal aid for family law cases, make an appointment & make it clear she can only proceed if she can get legal aid.
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thank you themas, she is willing to have a financial test as she has nothing to hide. We will check out the solicitors in the local area who specialise in this sort of thing, and make her position clear to them.

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