Asking for a friend...

[jez]

I have a friend that lives in Manchester (well, Bolton, but it's a 'burb), UK. He's being going through a few things with an ex (not legally married but lived together). They have a 7 year old son.
Well, a few weeks ago, she kicked him out of the council house which did not have his name on the paperwork, though he thought it did. She was getting rent from him AND the government benefit to cover rent. So definitely double dipping.

He's fighting for custody of his son, or at least visitation.

She has since moved into another flat with a married man and taken the boy with her. The boy, Matthew, wants to live with his dad. Allegedly the mom will smack him if he says this, but there is no proof.

Phil is employed by the city, has a good steady income, recently got a 1 bedroom apartment. He just doesn't have the money for a lawyer (or barrister, never sure which would be the case here). Is there the equivalent of pro bono, or legal aid, type of assistance to help him out? I don't know the UK system that well so, asking for a friend.

[Uninformed]

I really don’t know much about this area but it is probable that any “government” assistance is unlikely. If he hasn’t already contacted them a good starting point would be the Fathers4Justice organisation, and there are several other groups all Google’able.

https://www.fathers-4-justice.org/our-c ... e-support/


ETA. I assume his local Child Services department are already involved.

[Dr. Caligari]

I do know that they have legal aid in the UK, but no idea as to eligibility.

[Lani]

I was a mediator for Legal Aid in Australia in the '90's. At the time, legal services were free if the person made a little over $68K yearly.

[Dave from down under]

https://www.gov.uk/legal-aid/eligibility

Eligibility
Whether you qualify for legal aid will depend on:

the type of case
your financial circumstances
Civil (non-criminal) cases
Civil cases include things like debt, family or housing problems. To get legal aid, you usually need to show you cannot afford to pay for legal costs and your problem is serious.

You’ll usually have to give details and evidence of your income, benefits, savings and property, and those of your partner. If you’re under 18, you may need to give information about your parents’ or guardians’ income.

Your financial situation is not taken into account for cases about:

mental health tribunals
children in care
child abduction
You may also have to provide evidence about your problem, for example in a divorce case by providing a court order or GP letter showing that you or your child have been a victim of abuse.

Check if you qualify for legal aid to get help with civil cases.

Paying the costs of your case
Legal aid might not cover all the costs of your case. You may have to:

pay some of the costs upfront
pay back some of the cost if you win money or property from your case
Read about paying for legal aid.

The Legal Aid Agency (LAA) will make a charge or claim – known as the ‘statutory charge’ – on any money or property you win. If this is your home, payment can be deferred and the debt placed as a charge on your home (similar to a mortgage).

Your legal adviser will explain how this works.

Contact the LAA’s Secured Debt Team to discuss how to pay.

Secured Debt Team
secureddebtteam@justice.gov.uk
Telephone: 0300 200 2020
Find out about call charges

[Dave from down under]

Alternatives to legal aid
If you cannot get legal aid, you may be able to get free advice from:

the Law Centres Network
Citizens Advice
AdviceNow
You can also pay for advice from a local legal adviser or solicitor.

[jez]

Thank you oh so very much! I'll pass the recommendations on to Phil.

[Lansdowne]

He's fighting for custody of his son, or at least visitation.

That confuses me because I would usually read that as meaning he already has a lawyer (=solicitor, definitely not "barrister" in this context).

So probably, locate the nearest Citizens Advice bureau, which may have a long waiting list, precisely because government Legal Aid funds have been cut back so much.
Or do a search for local solicitors' firms, probably one who advertises a speciality in Family Law (probably most do) and who may offer a free initial consultation and will also know about the likelihood of Legal Aid.

And I'm confused about the council house. Is she still holding on to the tenancy while living elsewhere? That is likely to be considered fraud. Or is he able to take over the tenancy is she has moved out?

[jez]

He's fighting for custody of his son, or at least visitation.

That confuses me because I would usually read that as meaning he already has a lawyer (=solicitor, definitely not "barrister" in this context).

So probably, locate the nearest Citizens Advice bureau, which may have a long waiting list, precisely because government Legal Aid funds have been cut back so much.
Or do a search for local solicitors' firms, probably one who advertises a speciality in Family Law (probably most do) and who may offer a free initial consultation and will also know about the likelihood of Legal Aid.

And I'm confused about the council house. Is she still holding on to the tenancy while living elsewhere? That is likely to be considered fraud. Or is he able to take over the tenancy is she has moved out?

I may have used the wrong words here. Solicitor is good to know.

Phil has a job. The Ex doesn't. She claimed benefits, her name was on the council house. He had to move from the house and then she left and moved into a different flat. As far as I understand, he was never on the paperwork. She no longer has the house and turned it back over to the council (correct?).

I'll let him know about the advice bureau. He has a job, but doesn't quite make enough to afford a solicitor on his own. I'll have to talk to him again, get some more information, I think, about the legal situation. But will definitely tell him about the advice bureau. He might get lucky.