Ask a Family Law Question, Get an Answer ASAP!
Hello, how are you today?
My name is ***** ***** I am going to see if I can assist you with your query. Let me just read your first post. I may need to ask you additional questions after I have read your initial post.
Are you asking if he is eligible for legal aid?
If yes, has there been any domestic abuse that he is the victim of?
It is highly unlikely that your son would be eligible for legal aid for private law matters, which includes divorce and child arrangements unless he had evidence of abuse towards him. Even then, he may not be eligible. He can check for himself here: www.gov.uk/check-legal-aid
However, if he is on a low income/benefits, then he may be eligible for fee remission for any applications he may have to make to court. The court fee for divorce is £592, and the court fee to apply for child arrangements is £232, so both of these fees, if he meets the criteria, could be free. He can check his eligibility by reading the notes form on fee exemption - EX160A
There's nothing he can do about her claiming to be a victim of abuse, except to defend himself if she does. She'll need some form of proof if she is to gain legal aid, same as he needs proof.
If they both allege abuse in the children proceedings, then the court will likely hold a fact finding hearing to see whose version of events the court prefers.
Can I clarify anything for you?
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All the best!