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Thanks, XXXXX XXXXX more questions:
1. Based on your answer 1& 2, does it mean that I can reply the letter late but if I do not reply the letter at all, there is a possibility that in the future when we go for Court action, the Court will judge I pay the fee of solicitor who is on behalf of my wife and other relevant fee relating my wife attemps for divorce?
2. My wife and I live in separated room in the house but still share meals,and have to share the only one bathroom or any other facilities. But I have no witness to prove these. Can I not give the consent of separation based on these evidences without witness' proof? If so, my wife might move out from the house, does it mean I have to give the consent of separation after her moving?
3. I understand in Scotland, to get divorce can be based on 1 year separation with consent of other party or 2 years separation without consent . Now I still wish to save our marriage and do not want Court action, How can I not give the consent and so I can have 2 years to make effort to save our marriage even though my wife moves out for separation? During these 2 years, if my wife makes attempts for divorce through her solicitor, what should I do, can I simply ignore and wait for 2 years?
4. I have the share of the house but the deed and mortgage is with my wife name, can she ask Court to force me leave or can she sell the house without my permission?
5. If my wife moves out from the house, can she legally move out with my 2 years old daughter without my permission? if I want to live with my daughter, what should I do?
6. When is the assets valuation due to be done? I understand my wife is entiled to half of everything. Here does "everything" mean my assets only or mine and my wife's assets together (e.g. her salary, saving etc)?
7. I wish to have daughter's residency, I am self employed and spend half day taking care of my daughter but my wife is with full time job, are there any other favours for father you could suggest?
1. What is the definition of unreasonable behaviour? It happened yesterday night when we discuss the family issue, we have an arguement verbally but no violence. Both of us called police and police came down to make a record. Will it be an evidence? This happened only once
2. How can I apply to the court for an order preventing my wife bring my daughter when she leaves?
3. Can I also legally leave with my daughter without my wife's permission?
1. At common sense will one time evidence relating unreasonable behaviour make Court judge divorce?
2. How long will it take for me apply to Court for issuing an order fordidding my wife to take the daughter without my permission if she leaves?
3. Now my parantes-in-law and aunt-in-law live in the house, how can I legally let them leave
the question you said do not understand is:
since last night my wife and I argued, although there is no physical violence and both of us called police. This incident happened only one time. If she used this as an evidence in the Court to ask for divorce based on unreasonable behaviour, will Court judge by this only case that I have unreasonable behaviour to my wife (although it was only one time) and decide we should divorce.
look forward to your reply. i will leave excellent service
I describe all detail relating the question you do not understand:
last night my wife and I argued, although there is no physical violence but she called police and reported I shouted at her. I also called police and reported what she said was false , instead, I was calm, she and her mother were emotional and shouted at me. The police came down and make the record.
Now I wish to know if in the future she continues to make the false report to police even though I calmly speak to her, what should I do, because my parents-in-law and my wife were together, I was alone. So her parents can be witnesses to support her false report that I verbally abuse her, but I have no witness to prove I was calm and they shouted at me.
Thanks, XXXXX XXXXX contacting solicitor now,
just want to know if the Court's order is late, my wife has moved out with my daughter, what can I do to get back my daughter?
look forward to your answer as soon as possible
How long will the residence order be made?
What evidences of the best interest for my daughter should I provide to support my request to get back my daughter or requesting my wife moving back with my daughter so that my daughter can be jointed care rather single parent's care?
i am confused, without evidence, how can the sheriff judge that my daughter staying with me in current house is better than staying with my wife in another property, so the Court makes the order my wife has to give back my daughter to me.
well, if I ask for Court order now and successfully get it, when will be the 2nd hearing for my wife or her solicitor defend this Court order? witinin one week? , if my wife wins in 2nd hearing, she can leave the current house with my daughter legally, I will request 3rd hearing, how long will it take for Court's FINAL decision to decide my daughter's residency is with me or my wife?
1. that means if I get an immediate order, the after one week, there will be an interim hearing, if my wife wins in this interim hearing, she can leave the house with my daughter legally and keep her for about 6 months until the proof hearing. If I win, I get back my daughter but have to wait for 6 months. Is it right?
2. If the above is right, I will wait for my wife next action, if she leave the house with my daughter without my permission. I then ask a Court order, is the hearing within a week as well, if I win, then I can keep my daughter at least 6 months until the final hearing, is it right?
so actually the immediate order can be valid only 1 week, there is a risk that I lose my daughter for at least 6 months if I lose the hearing in a week.
but if my wife leave the house with my daughter without my permission. Then I ask for Court order and win in the hearing, the order can be valid at least 6 months, even though I have the risk of losing the final proof hearing, at least I keep my daughter 6 months
Am I right?
as you said" If you get an immediate order pre service the court will order a further interim hearing normally within a week to to days"
So my questions are :
1. It seems not very helpful for me to get an immediate order before my wife leaves with my daughter. Even though I get an immediate order, there will be an interim hearing within a week, If I win, I can keep my daughter for at least 6 months until final hearing. if I lose in this interim hearing, my wife can legally leave with my daughter. The immediate order can preventing her only 1 week.
2. It appears only one week time difference If I get the Court order after my wife leaves with my daughter. Because ss required by law, my wife or her solicitor has to attend the hearing within a week, if I win , my wife has to return my daughter to me otherwise police will enforce her to do that. If I lose, the result is the same with my action to get an immediate order-I will have to wait for about 6 months to get back my daughter if I win in the final hearing.
3. Can you explain more regarding the risk if my wife applies for residence order before me? I orginially think either of us applied for residence order, the other party can defend the order. So even though she applied firstly, no much influence on my daughter current living status. In addition, the key to win my daughter's residency is the evidences I can show for the best interest for my daughter.
I look forward to your further expert's advise
ok, got your points.
Now there is another problem:
my aunt-in-law will move in my 2 bedrooms house and my wife has required me to sleep in the sitting room so she and her aunt can sleep in my bedroom and her parents can sleep in another room with my daughter. Although I refused this, I know when I return home from my work they must already occupy my room. as you know, now I will definitely avoid any physical contact or verbal arguement with them so that they can not have any excuses to make a false report of unreasonable behaviour. But what can I do at that time? to call the police? Are there any organisations I can get help for this problem?
I am not sure in law what they do can be regarded as abusing me physically and psychologically. If so, what should I do, particularly now I should avoid any arguements with them?
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