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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have taken my ex partner for contact he was withdrawing from

Resolved Question:

I have taken my ex partner for contact he was withdrawing from me of our son and now he is making up allegations of domestic violence against me! I'm currently unemployed. Am I entitled to Legal aid? I have been representing myself up til these allegations were made and realise I need representation
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and what is the actual dispute between you?
Clare
Customer: replied 3 years ago.

Hello Clare,

I left my ex partner because he was a controlling Bully. I left my son who has just turned 3yrs with his dad, ( I visited very regularly) until I found a flat to rent and a job of which I did. I did this so not to unsettele my son, staying at different friends houses and his dad was a good dad.

My ex partner started denying access to my son without him being present when I was seeing a new man. Eventually he took our son out of nursery because my sister was about to start working there and made more and more excuses for me and my family not to see my son. I eventually took this to court because my ex and his parents would not agree access. Since this has happened my ex has put in allegations against me head butting and punching and biting him! on regular occasions saying his parents witnessed an attack! He supplied a Scott's schedule of which I have denied because there is no truth to this but I have represented myself up til now. He has also said I swear at my son and bruised his arm. Due to this I have self harmed because of the allegations made. I have self harmed before of which I'm having counselling for but would never harm anyone else especially my son. I have not brought forward his bullying puting me down verbally and his controlling ways because I thought it would drag out seeing son. Due to his allegations this has turned on me and realise I need representation. I'm 21 years old not working at present. Have been assessed by the mental health team that all agree this had led to self harm and I do not have a mental health disorder. I have moved back home with my mum who has room for my son also once I get to see him. I'd appreciate any help/advice you can give. I'm disparing without seeing my son.

Thank you

Jessica Masters
Expert:  Clare replied 3 years ago.
Hi
When is the next hearing?
Clare
Customer: replied 3 years ago.
I
Wednesday and I've been stupid. I should have been to Gp to get letter to say I'm fit to look after my son. To be honest I've been in shock. She already sent a letter feeling better and mood proving but they want her to say I'm fit to look after my son. Unfortunately she works part , she's an excellent Dr and hard to get appointments. Unfortunately she only works wed and thurs so too late. I was going to ring court Monday to explain this and have no excuse fir not doing so but have been down and over looked when I should have her letter by
Customer: replied 3 years ago.

Sorry for typos!
Expert:  Clare replied 3 years ago.
Hi
What is the hearing listed for on Wednesday?
Clare
Customer: replied 3 years ago.

To consider if a fact finding hearing necessary and extension of contact . Yet I have had no contact not heard from CAFFCASS
Expert:  Clare replied 3 years ago.
Hi
Have you replied to the Scott Schedule?
Clare
Customer: replied 3 years ago.

Yes and denied all allegations which he has no grounds on at all. Apart from one statement says I apparently head butted or punched him in front of his parents!
Expert:  Clare replied 3 years ago.
Hi
What contact are you having at the moment?
Clare
Customer: replied 3 years ago.

Nil because of accusations hence the Caffcass involvement and fact funding for contact
Expert:  Clare replied 3 years ago.
Hi
Have you asked for contact at a contact centre whilst assessments are taking place?
Clare
Customer: replied 3 years ago.
No because Caffcass are arranging when available time. Like I said its down to wether fact finding needs to commence or not. As I haven't sent Gp letter I assume contact will now be delayed but will ring caffcass Monday
Customer: replied 3 years ago.

As I originally asked do you think I will get legal aid? And of you think I will loose me son?
Expert:  Clare replied 3 years ago.
Hi
The fact that you have mental health problems as a result of your ex's behaviour means that you may well be eligible for Legal Funding
You need to find an experienced family Lawyer who still does Legal Aid
You can find one on this website
www.resolution.org.uk
I am certain that you will eventually get regular contact with your son as he is entitled to have a close relationship with you as well
Please ask if you need further details
Clare
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