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Category: Scots Law
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I am a single parent of 2 daughters aged 11 and 17. I have

Customer Question

I am a single parent of 2 daughters aged 11 and 17.
I have been separated for nearly 5 years and divorced for nearly 3 . I have my daughters the majority of the time as their dad is contractually allowed to have them one weekend every two weeks and Wednesday over to Thursday during the week ( this can be inconsistent due to travel with his work on occasion )
I have been living with my two girls in a two bed flat as we moved out of the family home into the flat which I now own thru my separation agreement. I am currently working part time and get working tax credits also to help. I have been in a long distance relationship with my partner for 3 years now and have we have been good friends for a number of years before. He has been in America working as a music teacher for two years and working in total out there for 5 . My two daughters and myself are looking to hopefully move out to California to be with my partner who has enrolled my daughter into an amazing private school in Brentwood .eva went to have a tour of the school last month and absolutely loved it ... My eldest daughter who will be 18 next may 2017 has also had a tour of one of the music colleges in Hollywood and both schools are amazing and have great benefits for both my daughters. They have since been over to the states and are so excited to hopefully this being their new world . Unfortunately after having many discussions on what's best for them , their father isn't so agreeing of the potential move . I have promised him that he will still have weeks with the girls i.e. Bringing them back to Scotland for 9 weeks for summer holidays , spring breaks and Christmases and what ever he can do for coming out to visit them also ... it's now proving very strenuous as he is not for this even though my two daughters are so eager to go as they know they will have a better life .
All I want to know is .... given my financial circumstances, can I apply for Legal Aid ???
Submitted: 11 months ago.
Category: Scots Law
Expert:  hhlaw replied 11 months ago.

Hi, thank you for your question. For legal aid to be granted there must be evidence in the last 5 years of domestic violence from him towards you or evidence of child abuse/child protection issues from him towards the children in the last 2 years. If you can satisfy this there needs to be a full means assessment of your finances - if you have capital(assets/savings/investments etc) over £8000 you will not be eligible. If you have a disposable income (for legal aid purposes of £733 or more) you will not be eligible. Again you must first satisfy the domestic violence/child abuse criteria before your finances can be assessed.

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Expert:  clairep80 replied 11 months ago.

My name is Clare

I note that you are in Scotland where Legal Aid is still generally available - I shall transfer you to the correct section