After receiving complaints about Bermuda's Legal Aid scheme from clients and attorneys, The Royal Gazette conducted a review of the system in an effort to uncover problems and find solutions. This is the second and final article.

Two women embroiled in legal battles -- where the stakes are as high as their children's welfare -- criticised the Legal Aid system for their eligibility requirements.

One woman claims that Legal Aid left her high and dry without legal representation in the middle of a bitter divorce and custody battle.

After being granted ten hours of legal assistance to dissolve a marriage and secure custody of her two children, the Legal Aid committee determined her income was above the limit.

But the woman objected, stating: "I'm in a crisis with my children, and I feel I'm being unfairly treated by Legal Aid because I'm an expat.

"I'm right in the middle of a custody battle and I can't go back to Legal Aid for anything now because they're fed up with me.

"How can you lose your children over money? I have no support in Bermuda and no family here -- that's why I need the help of Legal Aid.

"But it's almost like (my husband) is trying to buy the children -- he knew it would get to this point, he knew Legal Aid would get fed up.

"I'm completely lost now -- where do I go from here? Now I'm looking for a job just to make more money to try and pay a lawyer.'' Another woman complained that the Legal Aid system has failed her -- as well as her physically and mentally challenged daughter.

The woman told The Royal Gazette that she is in a catch-22 situation that may cause her to break the law in order to get the legal help she needs.

The woman said her ex-husband has taken a hands-off approach toward his daughter and rarely assumes the responsibility of caring for the child.

The woman said she often cannot work at her weekend job because she has to care for her child -- and financially, she cannot make ends meet.

The distraught mother said Legal Aid will not help her -- citing her disposable income as being higher than the eligibility limit -- but she said the costs of caring for a challenged child are often much higher than usual.

As a result, she said she cannot afford a lawyer to seek higher child support expenses on her behalf and fears she will soon lose her home. "They feed and clothe children, but when it comes to legal rights, nothing is implemented,'' she noted.

"I can't afford school clothes or shoes for my daughter, and until I get a lawyer I can't do anything. There's been no social inquiry report and I can't afford the legal process of getting her father into court.

"I don't want to take the drastic step of keeping her home from school -- the principal of the school will call Family Services, I'll be charged with neglect -- but I feel I have no other choice.

"I've had no feedback from Legal Aid about the child's options because of her disabilities -- and I want to know, what are the rights of handicapped minors that need legal representation?'' Coalition for the Protection of Children chair Sheelagh Cooper said she was aware of the difficulty low-income women encountered finding legal representation and suggested mediation prior to legal involvement as a key solution.

"Almost any income at all seems to rule out eligibility... we take the view that using the courts system is not the best way to reach satisfactory and long term solutions to divorce, custody, and property settlement.'' Senior Legal Aid Counsel Peter Miller said he could not comment on individual cases.

But he stated: "These matters have been looked at carefully and the Committee is satisfied that they have acted appropriately and in accordance with the legislation.''