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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11137
Experience:  30 years as a practising solicitor.
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I have residence of my two children and is still in a very

Resolved Question:

I have residence of my two children and is still in a very bitter dispute post judgement with my ex wife. I am concerned that her current actions are going to be disruptive and confusing for the children. She has moved into the previous house while I was
still living there without my knowledge and while I was away, but was in the process of moving and settling the children in our new home. I am concerned that this will be incredibly manipulative and damaging to the children by moving them back into the house
I have just moved them out of. She has a contact order for 3 days - can I withhold contact and if so what are the consequences to me?
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
For clarification - she previously agreed to sell the house. We moved out - to a new home, in preparation for the sale. She has gone back on this. It took a long time to get the kids not used to living in the ex-marital home anymore - and now they will still be living there - but instead with her. I am worried about the confusion this will cause to them - they are 7 and 9 years old. And also how disruptive it will be to settling in our new home. They miss the old house. I fear living there with her will confuse them as to where their home actually is.I feel it is not in their best interests to be living there, and believe the only way to do that is to withold contact until the dispute is resolved. She does not work and cannot afford to take over the mortgage so my lawyer tells me the house will be sold. If I can't withhold contact what can I do?
Expert:  JGM replied 1 year ago.
To vary contact you will have to enrol an application to the court to do so. If you withhold contact on your own account you run the risk of being in breach of the court order and being found in contempt of court.
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