Whilst most of members initially need criminal solicitors due to the nature of the allegations against them it is often the case that they have family, including children or have regular access to children. Even when children are not a feature in the false allegation that they are dealing with Social Services will often get involved.
It is not unusual for the Social Services to block through a variety of methods the falsely accused from going home to their family or even having access to their family. It is also often the sad case that partners and ex-partners use false allegations of a sexual nature against their husband/wife in order to gain access to Legal Aid for separation/divorce/child care matters.
Legal aid over the years for family solicitors has been severely cut. Now it is only possible for a party to get legal aid if they have been a victim of domestic or sexual abuse. This has seen an increase in the number of false allegations made in order to access this funding for a simple divorce or child care matter.
It leaves the Falsely Accused unable to access to legal aid as they do not qualify and it leaves the accuser in a very powerful position with fully funded solicitor for their domestic matter. It leaves the falsely accused not only without a funded family solicitor but also under investigation for a criminal matter.
Whilst you don’t need a Family Law Solicitor to go in family court about your child or divorce it is always best to get legal advice and support if you can. Even more so if you have a complicated case. For our members sadly, it is often complicated. You are in a far better position if you have a family solicitor stood next to you in court or communicating with social services for you.
Family court matters, especially where social services are involving themselves have a way of becoming complicated fast. Without a family solicitor next to you then regretfully you are going to be at a disadvantage.
It will always be the recommendation of ours that if you are able to afford to engage a family solicitor that you do. It’s often your access and rights to your children that is at stake.