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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10265
Experience:  30 years as a practising solicitor.
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A couple separate because of wife's infidelity. Father has

Resolved Question:

A couple separate because of wife's infidelity. Father has residence of child aged 6. Is mother allowed in law to keep her address secret from father. She sees child every second weekend and has dinner dates twice per week
Submitted: 1 year ago.
Category: Scots Law
Expert:  clairep80 replied 1 year 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.
Does the child stay with her overnight?
Why does she not wish to disclose her address
Clare
Customer: replied 1 year ago.

The child stays overnight every second weekend on Friday and Saturday and is due to stay with her and her new partner and their child, born Feb 2015, from Friday 10th July - Friday 17th July, 24th July - 31st July and 7th August- 14th August as holiday weeks from summer school holidays. Her reasons for not disclosing her address seem vague - she does not want her ex, my son, from seeing where she stays, although the past 2 addresses she stayed at were known to my son who just dropped the child off when her access was due.

Expert:  clairep80 replied 1 year ago.
Hi
Your son is entitled to know where the child is staying - even if it is just so he needs to know whether or not to be worried if he hears about a problem somewhere.
Since there is no record of him abusing the knowledge of where she lives the Curt would see her approach as unreasonable.
Whether your son feels sufficiently strongly to allow the issue to get to court is a matter for him
Please ask if you need further details
Clare
Customer: replied 1 year ago.

The following is a copy of a sentence from a letter sent by her lawyer to my son's lawyer "Our client advises us that your client has made a pattern of either contacting her family in an inappropriate manner or making investigations about our client's life with her new partner." This allegation is completely untrue. He speaks to the ex partner of his wife's boyfriend, and they compare notes, so to speak. This is because she is the mother of the boyfriend's son, who often shares contact time. The boyfriend also has an 8 year old daughter to a different woman, who is also exercising contact with her dad. Recently my son complained of over-crowding at their house, and then was told by Ethan, his 6 year old son, that the boyfriend had had a shower with both him and his own son. Both children stated that the boyfriend had been naked. My son raised his concerns with Social Services. My son's ex wife has apologised to her boyfriend's ex partner for this happening but has never apologised to my son and is now, denying that it ever happened. He had also raised concerns with them last year, when Ethan started showing signs of "sexualised behaviour". At a CWH on June 5 he managed to convince the court to stop his wife taking their son back to his (and her) birth country of the Philippines for a holiday. He fears he will not be returned to the UK. There has been an Interim Interdict against her removing him from the country ever since proceedings started in 2013. She has been pushing hard to get this dropped. She has also raised an action which my son opposes, to get a capital sum of £50k from him. My son feels, as do I, that these actions now, in not disclosing her address, point to either pure spite and malice on her part, or that she has something to hide. The last time my son contacted any of his in-law family was December 2013 or Jan 2014. with no reply, I might add. And neither I nor he can see how chatting to the boyfriend's ex partner and comparing notes can be represented as "investigating" the boyfriend's relationship with my son's wife. Her lawyer has stated that if my son tries to find out where his client is staying it will confirm her "suspicions" while he states in the beginning of said letter that his client knows my son is making enquiries about them and their lifestyle!!! Doesn't make any sense to me.

Expert:  clairep80 replied 1 year ago.
Hi
Please can you confirm which part of the Uk you are in
Clare
Customer: replied 1 year ago.

We live in Scotland.

Expert:  clairep80 replied 1 year ago.
Hi
Sorry - I will opt out and move you to the correct section since Scottish family law is rather different to that in the rest of the UK
Clare
Expert:  JGM replied 1 year ago.
Thank you for your question.
I am a solicitor in Scotland and and will help you with this. I have read your detailed narrative and in my opinion there is no reason why her address should not be disclosed, especially if there are the concerns that you specify.
There is no automatic right of disclosure, however and you would have to apply to the court by way of motion for an order.
Happy to discuss.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10265
Experience: 30 years as a practising solicitor.
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