+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    Join Date
    Feb 2013
    Posts
    4,308
    Thanks
    3,424
    Thanked
    1,831
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts

    Default Legal financial assistance for dads when partner has kids and won't cooperate

    We have a friend who is in this position whose marriage fell apart - both parties were at fault even though no one did anything majorly wrong. They have 2 young children and he is a good dad. She is quite bitter and not cooperating for the kids' sake, has moved away with the kids and he has moved to be closer to them but is still going through the courts to work out proper/increased access, parenting payments, etc. Due to the move he had to leave his job, has no income and is relatively homeless, yet he gets no assistance with the huge legal bills? Is this right?

    I just feel sorry for the kids that they no longer get to see their dad very much at all.

  2. #2
    Join Date
    Oct 2014
    Posts
    461
    Thanks
    866
    Thanked
    218
    Reviews
    0
    he should qualify for legal aid but without a place to live and stable income he wont get much access via the court systems

  3. The Following User Says Thank You to ThenThereWereThree For This Useful Post:

    Little Ted  (26-10-2014)

  4. #3
    Join Date
    Feb 2013
    Posts
    4,308
    Thanks
    3,424
    Thanked
    1,831
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    I'd imagine that his wife would have the legal aid then. The move has only just happened and he is trying to get new work and a place as soon as possible. The court fees are astounding!

  5. #4
    Join Date
    Feb 2013
    Posts
    4,308
    Thanks
    3,424
    Thanked
    1,831
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    My DH's comment was that someone is making a monsa at the expense of broken relationships. I'm so sorry that your family has to give away so much money in trying to get things sorted - it's ridiculous. It just makes families less able to make it through the transitioning time financially stable. Our friend has spent that amount already too.

  6. #5
    Join Date
    Oct 2014
    Posts
    461
    Thanks
    866
    Thanked
    218
    Reviews
    0
    Quote Originally Posted by crankyoldcow View Post
    Only one party will qualify for legal aid. If his ex wife has it he won't be able to access it. If she doesn't he should by what you have described about his income, although I believe they also have an assets test.

    If he cannot get legal aid, his other option would be to represent himself. I have read mixed reports on the wisdom of doing this as you really need to know what you are doing. A good friend of mine went down this route and was successful - only because her ex was also representing himself and his affadavits were so ignorant and full of obvious lies that it was thrown out of court.
    nope both can qualify for legal aid, my ex and I both had legal aid, he had a legal aid solicitor and I had a private solicitor who worked with legal aid funding

  7. The Following 2 Users Say Thank You to ThenThereWereThree For This Useful Post:

    Little Ted  (27-10-2014),ozeymumof5  (27-10-2014)

  8. #6
    Join Date
    May 2012
    Location
    Perth
    Posts
    204
    Thanks
    11
    Thanked
    102
    Reviews
    0
    He could represent himself, but get legal advice on the side. So him to write all the letters to the other party and fill out court docs himself. Then just get a legal rep to check them over for him and give him verbal advice. There are also dad groups out there, so perhaps he could look online to get some advice from other dads going through it too.

  9. The Following User Says Thank You to 4LeafClover For This Useful Post:

    Little Ted  (27-10-2014)

  10. #7
    Join Date
    Feb 2013
    Posts
    4,308
    Thanks
    3,424
    Thanked
    1,831
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Thank you - I'll pass this onto him.

  11. #8
    Join Date
    Jan 2012
    Posts
    1,869
    Thanks
    879
    Thanked
    1,201
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    After over $100k and no head way being made, I am now self representing. I'm up for a 5 day trial next year and will be contracting some legal practitioners to check my work. There s a good website spca.org.au which has all sorts of great info. It's not easy self representing but it's doable.

  12. The Following User Says Thank You to BbBbBh For This Useful Post:

    Little Ted  (27-10-2014)


 

Similar Threads

  1. Dads: quality time with kids
    By VicPark in forum News & Current Affairs
    Replies: 7
    Last Post: 16-06-2014, 17:28
  2. Replies: 15
    Last Post: 07-02-2014, 16:38
  3. Melbourne Mums and Dads - Your kids will love this
    By SunshineOnARainyDay in forum General Chat
    Replies: 1
    Last Post: 01-02-2014, 02:58

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
Shapland Swim Schools
Shapland's at participating schools offer free baby orientation classes once a month - no cost no catches. Your baby will be introduced to our "natural effects" orientation program develop by Shapland's over 3 generations, its gentle and enjoyable.
sales & new stuffsee all
Bub Hub Sales Listing
HAVING A SALE? Let parents know about it with a Bub Hub Sales listing. Listings are featured on our well trafficked Sales Page + selected randomly to appear on EVERY page
featured supporter
Carmels Beauty Secrets
An online beauty and wellness site which offers simple and effective time saving methods and tips which help you look younger for longer.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!