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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11748
Experience:  30 years as a practising solicitor.
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I and my daughter and ex, live in Scotland, so Scottish

Resolved Question:

Hi, I and my daughter and ex, live in Scotland, so Scottish law. I moved out of our family home 3 years ago, to 500m away, to stay in close proximity to my daughter. First year my daughter stayed over with me 2 nights per week, then my ex put a stopper on that via a legal letter saying that I can't see her anymore. Family mediation set up an arrangement so that I could meet my daughter once a week for 1 hour, this increased to 3 hours, for the second year. Then boom a letter from ex's solicitors to say that I can't see my Daughter at all! The last time I saw her was 31/1/2015, apart from bumping into Her out and about three times, supermarket, park, school, when I pick Her up, cuddle Her and a wee kiss. I work full-time and earn £99 over being entitled to legal-aid. I have been to Citizens Advise, the law faculty of Edinburgh University, etc, they all say get a family Solicitor, I can't afford one, I've tried. Sincerely, ***** *****
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
What is the given reason by your ex blocking contact to your daughter?
What age is your daughter?
The £99 over being entitled to legal aid. Is that weekly, monthly etc and was it for legal advice and assistance or for full legal aid? It is very important that you answer that question accurately for me.
Customer: replied 2 years ago.
HI JGM, reasons have been drinking while with my Daughter, affecting her behaviour at school and at home, probably the next reasons will be drugs, touching her inappropriately, then more... All this is alleged and not true.
My daughter is 7 years old.
The £99 is annually, basic wage based, I do overtime but can't rely on it.
Jan
Expert:  JGM replied 2 years ago.
Was the legal aid sought under the advice and assistance scheme or for court legal aid?
Customer: replied 2 years ago.
I don't know, but was told that my income is over £16000, so no aid, also that the next time I see my Daughter will be in the family court, by my ex's solicitors, by mail.
Customer: replied 2 years ago.
What is the advise and assistance scheme?
Expert:  JGM replied 2 years ago.
You're going to have to go to court. Did you know that you can do your own assessment as to eligibility for legal aid. I will check the link and post it for you. I want to to use the calculator and then come back to me. I will do everything I can to help you as I don't think that you should be in this situation.
Advice and assistance is generally the initial form of legal aid that a solicitor would put you on to cover letters meeting etc and it is income based with some allowances thrown in. Full legal aid for court is a much more detailed assessment of your circumstances. I will post the link.
Expert:  JGM replied 2 years ago.
Here is the link you need to follow:
http://www.slab.org.uk/public/civil/calculator/index.html
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
I already have been in touch with slab, I'm ahead of You. Also I know what the law says, and that I and my Daughter have rights to see each other, under various laws. You have not helped me, other than what I already knew.
Expert:  JGM replied 2 years ago.
With respect I haven't finished yet. You are not ahead of me as I haven't yet given you any advice and I do have some ideas. Can you please do as I ask and do the online calculator and report back?
Customer: replied 2 years ago.
Cool JGM, I will do, but can't do at the moment, or until 15:00 tomorrow, work. Respect back. Jan
Expert:  JGM replied 2 years ago.
No problem I'll look forward to hearing back from you.
Customer: replied 2 years ago.
Hi JGM, I rated You as good, but still request a refund, as I already know everything that You told me, then some, obviously I've done my home-work. Thanks anyway, Jan