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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi. I was divorced from my wife last year and our 7 year old

Resolved Question:

Hi. I was divorced from my wife last year and our 7 year old daughter lives with her mum. I have contact with her every Tuesday and she stays with me and my new partner every other weekend. This contact is mutually arranged between us and works out very well.

After the former marital home was sold (my ex moved into a rented 2 bedroom flat) I moved in with my partners house with her parents until we could find our own place. My partners parents didn't want my ex to have their address as she has been very abusive verbally to both me and my partner in the past and has even threatened her with violence although never followed it through. Another reason for not wanting to disclose their address is because my ex's new partner is in prison for violent conduct and is due out later this year and being an elderly couple they did not want either of them turning up on their doorstep. I managed to not give out the address despite threats of stopping contact with my daughter.

My partner and I have now moved into our own house and now my ex is asking for the address once again. Neither my partner or I want her to know the address because of the reasons above. The question I want to ask is Does my ex have the right to know where I live or is having my contact number enough?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have there been any specific threats - harassing phone calls or anything similar?
Clare
Customer: replied 3 years ago.
Hi

There has been one threat towards my partner after we came back from a holiday with my daughter where my ex threatened to 'sort her out' when she next saw her. Other than hat most other stuff is constant text messages and phone calls and general verbal abuse towards me. I actually saw her last night and she is now threatening to stop my daughter staying with me if she doesn't have my address.

Neil
Expert:  Clare replied 3 years ago.
Hi
How many text messages in the average week?
When was the threat made (how recent)
Clare
Customer: replied 3 years ago.

Hi


I used to get up to 5-10 texts a day but that has gone down now.


The threat was in August 2013


 


Neil

Expert:  Clare replied 3 years ago.
Hi
So in the last month how many have you received?
Clare
Customer: replied 3 years ago.

Sorry for the delayed reply.


 


In the last month I have have received around 19 text messages. The amount I receive is very sporadic, a lot depends on what is going on at the time. Right now, apart from the issue with the address, she is quite calm and so I don't get that many but if something kicks off I will get a lot more.


 


Neil

Expert:  Clare replied 3 years ago.
HI
How many of the texts were threatening (this is vital to the issue)
Clare
Customer: replied 3 years ago.
None if the most recent ones have been threatening
Expert:  Clare replied 3 years ago.
Hi
then I am afraid that in the event that your ex does stop overnight contact you are going to struggle to persuade the court that there is any valid reason why your ex should not know where the child is spending the night when she is with you
Obviously unless there is a court hearing there is no way of being certain - but threats some time ago are unlikely to be seen as relevant
With regard to the phone calls you could do what a number of my clients do - have a separate sim card and number for her and turn off the phone except around contact time and make it clear that you will not respond any messages which are not entirely child focussed
I am sorry not to be able to give you the answer that you would like - but i do have to be realistic about the likely approach of the court
Please ask if you need further details
Clare
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