UK mother unlawfully denied legal aid in case against abusive ex, court rules

MoJ guidance found to be wrong after woman trying to enforce custody agreement denied funds as son no longer lived with her

A decision to deny a single mother legal aid to enforce a child custody agreement against her abusive ex-partner was unlawful, the high court has ruled.

When Susie (not her real name) separated from her ex-partner, who would physically and verbally abuse her when he had been drinking, they initially shared custody of their son equally. But when he breached their agreement, limiting her access, the Legal Aid Agency (LAA) refused her application for funds because it decided that as her son was not then living with her, he was not her dependant.