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There is an obvious way for the MoJ to prevent this sort of case arising and that is to issue guidance that the parties are eligible to Exceptional Case Funding when serious allegations are raised, both the party alleging and the party facing allegations. Article 6 and 8 rights are engaged for both. Legal Aid has always been means-tested and the oddity here is that the mother on benefits failed the financial assessment. I don't see how you can construct a legal aid system that caters for those over the financial eligibility limits. The Judge could have joined the children as parties and then counsel instructed by the Guardian can cross-examine, but that does not get around the preparation of evidence problem.