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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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How doI get legal aid am on benefits. My daughters father

Resolved Question:

How doI get legal aid am on benefits. My daughters father keeps threting to take my daughter if I do not do as he says he does not live with but comes every day.
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are they in England or Wales?

-Has there been domestic violence from him towards her, if so when and what evidence does she have?

-Has there been child abuse or concerns from him towards the child, if so when and what evidence?

-What is her income and asset position?

Customer: replied 11 months ago.
Child benefit child tax credit job seekrs allowance live in wales on several occasions the father has just taken the child after rows police been involved child returned with accusations that the mother unfit. At present he is saying that if she wants him to stay away he will take the child away and get full custerdy this is causing so much stress for all of us
Customer: replied 11 months ago.
Customer: replied 11 months ago.
We need to know how we can secure things so if he trys to take her we have something to stop him what do we need can not afford to pay for court things just something to stop this blackmail
Expert:  Harris replied 11 months ago.

Is there a court order regarding arrangements for your daughter and how old is she?

Customer: replied 11 months ago.
The child is 5 years old no court order
Customer: replied 11 months ago.
At new year the father was holding gripping child harm and telling his son to collect all the child's toys and Christmas presents an trying to drag the child away the police came and told the father to leave the premises he at present saying that he has embezzled momoney from my grandmother she will not go to political CE or he will take the child police not political need to do something up to now there are at least four times when he has taken her and police have got her back
Expert:  Harris replied 11 months ago.

Thanks for confirming. It is unreasonable that the father comes every day to demand contact and you should send him a formal letter stating that he cannot turn up when he wants and you should put forward proposals for contact which you think is reasonable. If he continues to harass, intimidate or force you into arrangements this may meet the criteria to obtain an injunction against him using form FL401 to your local family court. If you are on benefits and have little or no capital, you would be entitled to legal aid to obtain an injunction.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you,

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Expert:  Clare replied 11 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

To add to the above

More important that the injunction is the need to protect the child.

You need to make an immediate applictaion to the court for a Child Arrangement Order stating that the child lives with you - and a prohibited Steps Order preventing the father from removing the child from your care

You do not need to pay a solicitor - you can do it yourself using this form

http://www.jordanpublishing.co.uk/system/redactor_assets/documents/2322/C100.pdf

and this form for exemption from fees

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/537215/ex160-eng.pdf

You can dispense with mediation because of the need for an urgent order

Customer: replied 10 months ago.
Customer: replied 10 months ago.
phone number
Customer: replied 10 months ago.
With reference to clare
Expert:  Clare replied 10 months ago.

Are you aware that the site charges more for phone calls