I have a series of questions to ask. But I will be making these over several posts, to ensure I get a clear understanding of answers. Below is a Legal Aid Question.. but I feel I need to paint a small picture first..
A very long story - which I will keep short... My friend has a troublesome relationship with emotionally abusive ex.. A relationship over time where she now has 3 kids to him. She originally separated from him due to the abuse after the first child. There was a DVO taken out to which her ex broke many times, and in the end she gained a custody order that gave him very limited access per fortnight with the child.
She should never have gone back, but sometimes individuals get so messed up with emotions that they do silly things.. So she eventually gave him another try - somehow in her mind she wanted a family for her child.
So now we fast forward to present day and she now has 3 children to him (her original son, and 2 other boys)... But earlier this year she got empowered to stand up to his emotional abusiveness and kicked him out... I would need hours to discuss what she went through, there were lots of things were said over this time like "no-one is ever going to want you", "I know people, you will never be found".. Obviously this and a lot more was all told behind closed doors, out of sight, away for other people, his word against hers..
She has the custody order for her first child, but obviously nothing for the other two.. However her ex is really smart (extremely clever), and now he is far more wiser on how the system works - he's a real joy... He currently has access to the children based on the original order (she applies that same order to the other children).. He wants that voided, and wants 50/50 (its for his own interest not the kids), but irrespective of that its going to be up to the court to decide the final outcomes.. However she is currently on the pension and has no means to obtain or pay any legal representation. But she knows that something is coming as he has been saying lots of strange things about access - so I believe he may try to file for a change of the existing custody order once he gets his own place (up until now he has been living with friends, and he knows the original order clearly stipulates him having his own place)
This is my 2 part question:
My first part: She is of the understanding that if the ex commences some sort of process and applies for legal aid before she does, then she wont then receive legal aid as only one party can get aid - Is that correct ? Can only one of the parties involved get legal aid, thus if he jumps in and applies first, or applies and is granted it, then she can't, is that correct?.
My second part: She previously had to undertake mediation for the first child before it went to court.. He fought that all the way and didn't agree with any mediation or the mediator, as he thought he would get everything he wanted. Thus that didn't go well and the application to the Family Courts was made.. However she is of the opinion that she cannot apply for legal aid until or unless mediation has been undertaken, thus legal aid is for the family court.. This frightens her as the gig will be up and the ex is so smart he will attempt to get in first (looking back at question one, she may apply after him) - he earns around 75k a year but my understands says he would still qualify, so he could apply... So my question here is can she apply for legal aid in QLD right now, can she put in a application, or put pen to paper or whatever has to happen.. Even if she has not yet filed, or is about to file / or even If the process is still mediation first before applying for an order through the court, can she still make an application now even at the mediation stage. Even if only to have it recorded, even if only to have the intent record.. or can she get legal aid the whole way through.. What is here first step if she did something now, to ensure she retains the access to legal aid... I hope I am making sense with this.....
A very long story - which I will keep short... My friend has a troublesome relationship with emotionally abusive ex.. A relationship over time where she now has 3 kids to him. She originally separated from him due to the abuse after the first child. There was a DVO taken out to which her ex broke many times, and in the end she gained a custody order that gave him very limited access per fortnight with the child.
She should never have gone back, but sometimes individuals get so messed up with emotions that they do silly things.. So she eventually gave him another try - somehow in her mind she wanted a family for her child.
So now we fast forward to present day and she now has 3 children to him (her original son, and 2 other boys)... But earlier this year she got empowered to stand up to his emotional abusiveness and kicked him out... I would need hours to discuss what she went through, there were lots of things were said over this time like "no-one is ever going to want you", "I know people, you will never be found".. Obviously this and a lot more was all told behind closed doors, out of sight, away for other people, his word against hers..
She has the custody order for her first child, but obviously nothing for the other two.. However her ex is really smart (extremely clever), and now he is far more wiser on how the system works - he's a real joy... He currently has access to the children based on the original order (she applies that same order to the other children).. He wants that voided, and wants 50/50 (its for his own interest not the kids), but irrespective of that its going to be up to the court to decide the final outcomes.. However she is currently on the pension and has no means to obtain or pay any legal representation. But she knows that something is coming as he has been saying lots of strange things about access - so I believe he may try to file for a change of the existing custody order once he gets his own place (up until now he has been living with friends, and he knows the original order clearly stipulates him having his own place)
This is my 2 part question:
My first part: She is of the understanding that if the ex commences some sort of process and applies for legal aid before she does, then she wont then receive legal aid as only one party can get aid - Is that correct ? Can only one of the parties involved get legal aid, thus if he jumps in and applies first, or applies and is granted it, then she can't, is that correct?.
My second part: She previously had to undertake mediation for the first child before it went to court.. He fought that all the way and didn't agree with any mediation or the mediator, as he thought he would get everything he wanted. Thus that didn't go well and the application to the Family Courts was made.. However she is of the opinion that she cannot apply for legal aid until or unless mediation has been undertaken, thus legal aid is for the family court.. This frightens her as the gig will be up and the ex is so smart he will attempt to get in first (looking back at question one, she may apply after him) - he earns around 75k a year but my understands says he would still qualify, so he could apply... So my question here is can she apply for legal aid in QLD right now, can she put in a application, or put pen to paper or whatever has to happen.. Even if she has not yet filed, or is about to file / or even If the process is still mediation first before applying for an order through the court, can she still make an application now even at the mediation stage. Even if only to have it recorded, even if only to have the intent record.. or can she get legal aid the whole way through.. What is here first step if she did something now, to ensure she retains the access to legal aid... I hope I am making sense with this.....
