Should fathers and mothers receive the same assessment for legal aid?

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There are many aspects to discrimination in UK. When applying for legal aid for family cases, a mother and father are treated differently in assessing eligibility. The Legal Services Commission allow claimants around £200 per dependent child per month off the income assessment, but this can only be applied to ONE parent. In a dispute over money, the disputed money is NOT included in either parties assessment. In a dispute over residence (custody) the child allowance IS included, but only for the 'primary carer' - the one who receives the child benefit - mostly the mother. Thus a mother and father on identical incomes are treated differently and a mother could get the legal aid but not the father. Do you agree this is unfair?