It’s no secret that I’ve been an advocate of some of the welfare reforms that have come into force this month. One that escaped my notice however is the cutting of some key areas of legal aid. Whilst it’s predicted this will save the Government some £2bn annual in legal aid bills in England (and I’m a fervent supporter of saving money), this one seems to be altogether more complicated and I’m not sure the Government has this one right.

Which cases no longer qualify?

The Government is removing funding from entire areas of civil law. They include:

• Private family law, such as divorce and custody battles
• Personal injury and some clinical negligence cases
• Some employment and education law
• Immigration where the person is not detained
• Some debt, housing and benefit issues

What cases will continue to be funded?

They include:

• Family law cases involving domestic violence, forced marriage or child abduction
• Mental health cases
• All asylum cases
• Debt and housing matters where someone’s home is at immediate risk

In respect of the removal of funding for custody battles and divorce, the Government states:

In cases like divorce, courts should more often be a last resort, not the first. Evidence shows that mediation is often more successful, cheaper and less acrimonious for all involved.” - See source citation

My thoughts

Whilst funding will still be available where domestic violence is involved, in care proceedings, and for mediation, there won’t be any legal aid for things such as funding a lawyer to argue about your children, claiming your share of the family property, or handling your divorce papers. So, if couples want to resolve their dispute through the Courts, they will need to fund their own legal action, or do it themselves.

In a generation where divorce is sadly part of everyday life (42% of UK marriages end in divorce) - it is a sad fact of life that many children bear witness to acrimonious family break-up’s and suffer as a result. Legal aid has provided a lifeline for the children of poorer families where custody disputes arise and are deemed by those involved to be unsatisfactorily resolved.

I’m sat here seething at the thought of poor single dads left to fight the mother’s of their children on self-depreciating shows like Jeremy Kyle just to score a few precious moments with their children. Watching them bare all to achieve ‘supervised contact orders’ just because the mother flings sometimes unfounded allegations is positively horrid and pure titillation for his 2 million audience everyday.

Of course every single case concerning divorce and child custody is a result of the parents actions. These cases are rarely black and white where one party is to solely blame. They’re tragic, sometimes selfish, and life-defining for the children concerned. They require sensitivity, time, and a lot of hard work. This time is expensive but it’s surely worth it to safeguard children against any potential venom that can be spat out by either party, a lack of contact with those who love them, and the psychological consequences of ‘not knowing’ their history.

Even when splits are amicable, there is still considerable problems when it comes to children. If either party has concerns that their child is not being cared for properly by the primary carer (and mediation has not worked), surely the next step would be to argue the case in court. In some instances, this is the responsible thing to do!

The Government cannot possibly solve the cultural dilemma of casual divorce and teenage pregnancy, nor can they stop well-intentioned couples falling out of love. This is a reality they know well - seeing the private lives of our politicians in the papers is a weekly occurence. They have affairs, divorce each other, and engage in custody battles just like the rest of us. They have the money to reach agreements with their estranged spouses, but seem to be saying that the same problems for the poorer sections of society will be ‘alright in the wash‘. It’s so ignorant that I can’t possibly put it into words.

Fair enough - I support the idea of the first stage in any dispute should be mediation. But sometimes feelings run too deep and marriages need to be dissolved quickly for the health and sanity of all person’s involved. Divorces are heartbreaking enough without adding a financial burden to the mix.

Fine. Cut out legal aid where children will not be affected. But every child deserves the best possible life. If legal aid is required to make this happen then make it available.

Whilst any like-minded person would agree we want a system that lends emergency support to those in need, and not a lifestyle choice, divorce and separation are not an everyday occurrence but the IMPACT ON CHILDREN WILL BE.

THE SOURCE: http://www.bbc.co.uk/news/uk-21668005