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VIC Custody of Children as Single Father - Get Legal Aid?

Discussion in 'Family Law Forum' started by Scooter, 10 April 2015.

  1. Scooter

    Scooter Active Member

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    Needing assistance with where a single dad can obtain some type of subsidized legal assistance regarding obtaining formal permanent arrangements for custody of children. Mother has moved on to her new life and a new child, and only sees the two children at most every second weekend, and not always then. Have been told Legal aid Victoria is not an option as Mother has already spoken to them.

    Dad is working part time, and raising 2 children and can't afford full solicitor costs. He feels the children would benefit from having something permanent set up to protect their interests and guarantee they would get to see their mother and half sibling regularly.

    Any help would be greatly appreciated.
     
  2. AllForHer

    AllForHer Well-Known Member

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    There are many Legal-Aid-approved law firms where you can apply through the firm and they will lodge the documents for you and will receive funding for your case if successful. This gets around the issue of conflict of interest associated with one party already receiving Legal Aid directly through the department.

    Alternatively, you can try and avoid court all together by attending family dispute resolution to put a parenting plan on paper and then filing it with the court to turn it into legally binding consent orders.

    You also have the option of self-representation whereby you can use the partial support of a solicitor to check your documents, but appear in person at hearings to minimise the cost.

    Hope this helps.
     
  3. AllForHer

    AllForHer Well-Known Member

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    A word of note, as well - a non-residential parent is not forced to spend time with the children under any kind of order. An order merely stipulates times when the child must be made available to spend time with the other parent. Thus, an order won't 'ensure the kids see their mother on a regular basis', but will rather give her that option if she chooses to do so.
     

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