Family law. I have, not online but in person. Basically the solicitor I have is pushing for me to do a FDR conference...

Hello and thank you for your question.

Very likely the legal aid lawyer is recommending you pursue FDR because you may not be eligible for legal aid support beyond that process. The fact you have been granted legal aid to date does not mean you will be automatically entitled to legal aid through a hearing, and a decision about whether to support you beyond that point will likely depend on whether legal aid is satisfied your position in the FDR was reasonable and worth pursuing in court.

It is also possible that the previous 60i certificate may not apply to the current situation (such as if it was obtained a long time ago or was in relation to a different issue).

Either way, the mere fact that FDR did not work on the previous occasion does not mean it won't work this time, or at least be of some benefit, and whilst the process is frustrating, time consuming and does not necessarily produce a final outcome, it often does and in a far less expensive and stressful way compared to court proceedings.

Although your relationship may have ended because of DV, unless the violence was directed at the children, the courts will generally proceed on the basis that it is in the children's best interest to have a good relationship with both parents if at all possible, and the courts prioritise the children's interests over either parents. So whilst it may be unfair to you, the courts are primarily concerned with what is in the interests of the children, not whether it suits or is fair to the parents.

Unfortunately, the reality is that when you are reliant on legal aid, you are somewhat stuck with whatever help legal aid are prepared to provide, and as a consequence you will have less say in practice about how to approach situations like this. So broadly speaking you are best served if you try the processes that the legal aid lawyer recommends, as by doing so you increase the chances that legal aid will ultimately be extended to supporting you in court should you be unable to negotiate a compromise before then.

I trust the above assists.

Good luck and please rate my answer.

Patrick