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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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my partner earns just under £20,000 per year and the court

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my partner earns just under £20,000 per year and the court awarded him full custody of his daughter due the fact his ex wife is an alcoholic. She is now demanding time with her daughter and wishes to go back to court to change this. is my partner eligible for legal aid due to single parent and low income. there is no other income coming into the household

Thank you for your question.

He can't do anything of course until the ex wife actually raises proceedings for contact. However there is a reasonable chance that he will qualify for legal aid even if it is subject to a personal contribution.

As civil legal aid is assessed with reference to income and expenditure and overall family circumstances, I don't have enough information but you can use the following online calculator to work out to what extent legal aid might be available:

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for your help. As it stands now the ex wife has sent a solicitors letter to my partner. In brief the current situation is this - my partner Derek has full custody of his daughter awarded by the court due to his ex wife being dependant on alcohol and her inability to look after her daughter. she was awarded a contact on a Saturday 9am - 8pm which is a court order for this. This has been upheld by my partner despite his daughter ( ages 10 ) calling to advise him her mum has been drinking and is saying inappropriate things to the child. For the last 2 Saturdays the child has expressed her wish not to visit her mum on the basis she does not feel safe. My partner did not send his daughter to her mums in this instance and explained to his ex wife the reason why. she had ignored this and has now sent a solicitors letter advising my partner is MUST send his daughter to visit on a saturday otherwise he will be in contempt of court. He understands this . . . however he cannot consider sending his daughter into a potential unsafe environment. One of the points made in court was that his ex wife cannot be under the influence of alcohol when looking after her daughter. this happens on many occasions. We are at a loss what to do next - my partner lives in fear every day that someone ( her laywer ) will find a means to take his daughter away from him and give to the mother. She was also sectioned under the mental health act no 3 on 27th march 2014 when admitted to hospital for abusive and hitting a police offices in hospital whicxh she was duly arrested. Does this have a bearing on the original court order of custody and contact. ? sorry this is a bit of a garble . . . I really appreciate your thoughts - julie

He should answer the solicitors letter specifying in detail why he has withdrawn contact notwithstanding the court order.

Technically he is in contempt of the order albeit he has good reason. He should bring the case back before the court and ask the court to vary the contact to NIL based on the drinking and the mental health issue.

He should not wait until her lawyer enrols a contempt motion. He has to be pro active about this and get a lawyer to deal with this now.
Customer: replied 3 years ago.
Many thanks - your info was extremely helpful and as result we are now meeting a lawyer in Glasgow to discuss further. - ideally what we would like is to get rid of the court order defining specific times and have his daughter more of less visit her mum as and when she would like. that way he will not live day to day with the fear of a solicitors letter from his ex wife. - this is a fab service - it gave me what I need to go further and engage a lawyer - thanks very much for help
Your welcome.