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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 30668
Experience:  25 years experience of all aspects of family law
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I am divorced (based on "2 years separation" but I was originally

Customer Question

I am divorced (based on "2 years' separation" but I was originally going for "unreasonable behaviour" as he was violent etc...), and have re-married. I have a 7-year-old daughter from the first marriage, she lives with us. Her father still has parental rights and sees her when it suits him (originally it was supposed to be "every other weekend" but the final papers were changed without my knowledge to something along the lines of "regular access, to increase with time" - so very vague). I have been very flexible about the times he sees her as he keeps moving abroad (in the last 3 years he has moved at least 8 times: UK, Spain, UK, USA, UK, Spain, UK, several times within the UK), and I am keen to keep things "peaceful" as he can be quite nasty. He has some legal issues in the UK and is trying to run away from them. I do not know exactly what they are but have had people knocking on my door looking for him (prosecution service, tax people; I still live in the same house his business was registered with), as he had forced me to to sign legal documents and become his company's secretary - I was not aware what the business was (all I assume is that he created online payment gateways for businesses that couldn't get deals with banks directly, i.e. gambling, porn). I got my name off that business as soon as I could. And I understand that his problems stem from that business (although he's had several other businesses and was living abroad to avoid UK taxes). Anyway, he is now refusing to give me his address (where he also takes my daughter), as he claims he is entitled to his privacy etc. and in the past I confirmed to the above mentioned people where they thought he lived. He has already told me that he and his wife have bought a house but neither the house nor their bills are in their name. He has today sent me the following message:
"Got your message the other day, and just wanted to let you know why I haven't responded yet.
Our address - on two previous occasions our address has been given to others, either directly (Crawley) or by confirming that we lived in that area (Worthing at the time).
I should have no apprehension about giving you our address at all, since you are Maia's mother! But I do.
We are entitled to our privacy. There are very good reasons for wanting to ensure that we maintain it.
I will give you or address if you I have your word that this will absolutely never be given to anyone else? No matter who they are.
I don't need to bore you with the details, but if necessary I will. Part of my work over the past few years has involved working in sensitive case areas, with some very bad people at the other side of it.
We are under legal advice to keep ourselves off the radar. The reasons are obvious.
I am looking for your confidence that our address would never be disclosed to anyone who came asking - no matter who they are?"

I cannot say I will not disclose his address to anyone, because if the police, for example, came looking for him, I would not lie to them for him and put myself and my family in that situation. I feel there is something "dodgy" going on and I also don't want people coming to me for his business. But since my daughter goes there, I would like to know where that is.

What - if any - is my legal situation?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
I will do my best to assist you but need some further information first
Does your daughter stay with him overnight?
Customer: replied 2 years ago.

Sorry it has taken me so long to get back to you. Yes and no, meaning she is supposed to but she doesn't want to. She has done on a few occasions, but she gets very upset usually and ends up coming home late evening.

Expert:  Clare replied 2 years ago.
Then it is a simple matter of saying that unless you know where she will be spending the night you are not prepared to agree to overnight contact.
If he wishes to challenge this then it is for him to apply to the court for a defined contact order and persuade the court that he is so at risk that his address should not be disclosed.....
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 30668
Experience: 25 years experience of all aspects of family law
Clare and 3 other UK Family Law Specialists are ready to help you

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