The cut backs on the availability of legal aid for family matters will do one of 3 things. It could make us realise that we’ve never really needed lawyers in this minefield area of law. After all (for example) it can’t be that difficult to balance the harm suffered by the respondent as a result of having to leave his home, against the harm suffered by the applicant if the respondent is not ordered to leave the home. It could make people realise that the services of family lawyers are worth paying for! That is surely true, but isn’t that why legal aid was created for the poorest in any event? It seems that the level playing field is no longer worth paying for. Or it could lead to many cases of injustice, with estranged parents not being able to use the might of the law to, for instance, establish regular contact with a child, or get a fair financial settlement from a divorce. It’s right to say that where domestic violence is involved, things look a little brighter, but you will at once see that this is not an attractive state of affairs. Life can be just as miserable in the prison of a relationship where there is no behaviour which satisfies the strict (albeit wide) definition of domestic violence. Also what if you can’t get the “little piece of paper” which qualifies as proof that there has been domestic violence? Domestic violence is all about control and engendering a fear of consequences. It’s the most natural thing in the world for a victim of domestic violence to avoid contact with the police/medical profession/social services for fear of provoking wrath, with little hope of protection from its consequences. Maybe when the family courts are full of unrepresented litigants and the court of appeal is just about ready to explode, the Government might reflect on the “savings” that it has made. A wise old lady once told me that “cheapest isn’t always best”. How right you were, Gran. How right you were!
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