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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter is undergoing a long lasting divorce case. The

Resolved Question:

My daughter is undergoing a long lasting divorce case. The Husband is declaring that he occasionally stays at his new partners house, whereas it can be proven that they are living as man and wife for several months almost constantly. Is this information permissable in court as he claims he needs a property for his own use (and occasional overnight for his 9 yeat old son, he has refused to disclose the address but it has been known for some months. His son always stays at the new partners address. We have now received a letter from HIS PARTNER 's solicitor claiming that we are following , her . This is just NOT true. However a report on my daughter to the social services has shown to be MALICIOUS, and in fact the Child told the Social Services investigator that he did NOYT want to stay away from home overnight. He still wishes to see his father as he is plied with J 2 O, drinks in the Social Club where the father spends hours at a time drinking(observed) before driving back to his new Partners.
By saying he is NOT living with her he is hoping to gain financially despite signing a pre- Nup and a Deed Of Trust limiting him to an agreed 10%, He came late into the marriage which lasted just under 5 years, when it was discovered apart fro multilpe adultery that his sexual (external) fantasies involved men, dressing up in exotic ladies clothes and high heels., suicidal tendencies etc
The property was the wife's but he insisted on buying a 10% share in the new property when they moved.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. If they are undergoing financial relief proceedings and the matter goes to final hearing then her husband can be questioned and cross-examined about this - it will be for the judge to decide whether to believe it is true or not, based on thr evidence.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
The investigator(Social services)has confirmed in writing that the so called anonymous report was definitely a malicious report. He has interviewed the husband, and we have now received the latest letter from the partners solicitor claiming that we are following her!!1. Absolutely ridiculous. I am 80years of age ( and have heart problems ) This amounts to harassment by the husband via his partner, what can we do..
The main question was are we allowed to present to any court the fact that we are aware that he has stayed 60 out of the last 70 nights at his new partners , if evidence is available. he claims it is only occasional. Obviously there has to be some form of surveillance to have confirmed this, is this admissable.
Customer: replied 1 year ago.
We have used the services of an investigation agencies who have their own sources of information.
Customer: replied 1 year ago.
Can you kindly give me a reply follow up. J
Customer: replied 1 year ago.
The info relates to the original enquiry , so I thought added questions were covered by the original payment as wirth Claire on earlier question. can you kindly confirm j
Expert:  Harris replied 1 year ago.
Thank you for your further question. Employing investigative agencies for these purposes is not harassment and you can request that they prepare a statement to be presented in court. However, there will need to be a court direction to allow statements from third parties. To clarify, yes you are allowed to present the court with the fact that you are aware of his extensive stays at his partner's properties and I think his solicitors are threatening the harassment issue so that you do not pursue it.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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