Lack of legal aid stalls contact hearing

UK Human Rights Blog

RCJ4

Q v Q [2014] EWFC 7 (21 May 2014) – read judgment

The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.

This was an application by the father, a convicted sex offender who spoke hardly, “if any” English, for contact with his son under the 1989 Children Act. When it transpired that the second of his offences had been committed during the currency of these proceedings legal aid was withdrawn.  As a consequence there was no funding either for the court attendance of the experts opining as to the father’s unsuitability, or for an interpreter enabling him to challenge their evidence. 

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