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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11132
Experience:  30 years as a practising solicitor.
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my son left his partner in may 2012 due to unreasonable behaviour

Resolved Question:

my son left his partner in may 2012 due to unreasonable behaviour and had to take children. She was pretending to commit suicide because he wanted to leave her and police were brought in and search put in place with helicopters etc. he brought children to live with us and social work made him responsible parent. he let her see children while under psychiatric counselling. she wanted them back. He was now seeing someone and his ex blamed girlfriend for breakup. Girlfriend was checked out by social work and passed as suitable for children to be in contact .during 2012 son and girlfriend received texts and threats although ex allowed children to stay over at weekends, begged him to try again and barged into her house to attack girlfriend and was arrested.pleaded mental health to court and sent to hospital for psychiatric reports.ex continued to blow hot /cold with him seeing children. caused split with stress and wore him down to try again for kids in oct2013 did not last long and he went back to girlfriend. Left new years day came home to us, seeing girlfriend and ex has been sending texts stalking girlfriends house and calling her a grass as DWP found she has committed fraud by having inheritance while claiming benefits to picture outside house with friend.an injunction has been put in place yesterday and ex has lawyer phone his lawyer saying she taking him to court to stop him having any access to kids at all as he is a liar and a cheat and having an affair with girlfriend while trying again from oct to xmas. my son is having nervous breakdown and drives at work .he cant afford to go to court and girlfriend afraid for herself and child. can ex do this ? she is getting free legal aid although she has been cut off benefits . I don't think she told lawyer that.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your son should write to the legal aid board to advise that he thinks she is claiming legal aid when she shouldn't be.

As regards XXXXX XXXXX law case involving the children, from what you say he should be the one applying for a residence order to keep the children himself and he should also be applying for an order stopping her from interfering with his care of the children.

You don't say what the injunction was for and who got it against whom but in any event whether he can afford to or not your son needs the help of a good family lawyer to sort all of this out. He may be entitled to legal aid for his lawyer might be prepared to out him on a payment plan for fees.

I hope this helps. Please leave a positive response so that I am credited for my time.
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