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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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My husband left 18 months ago after i found out about his affair.

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My husband left 18 months ago after i found out about his affair. We have 6 year old twins which have been in my care ever since. The house was in his name as was the car loan. I have never stopped him from having regular visitation with the children. He now keeps threatening court action against me for 50/50 custody of our children. He lives with his new partner and her 2 boys 17 & 10 in a 3 bed house. Where does he stand ?
Thank you for your question.

I presume he's making such threats in an attempt to get his own way in some other direction or simply just to be bloody minded about it.

He hasn't a hope of getting joint custody, not the least of which is because there's no such thing as joint custody. There is residence, ie, with whom the children stay day to day, and there is contact, which is the amount of time they spend with the absent parent. Custody as a concept ceased to be several decades ago.

And he doesn't have the accommodation for the twins in any event, nor will any court in the land make a residence order in his favour where he left them with you after leaving the family home in such circumstances.

Ignore his threats.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.
thank you for reply about custody. What about the finances? He says quote " See all the debt stuff that you were getting away with. Car, mortgage £40k shortfall on the mortgage. Half the cost of all the furniture you took out the house. Now that all comes back in to it. " I really don't know what he means. The car which i gave back to him and the house were in his name alone and i only took half the furniture out of the house.
I don't know either what he's on about. Generally both parties share assets and liabilities on an equal basis after a separation. Matrimonial property is all property accrued during the marriage except gifts and inheritances from third parties. Matrimonial debts are all debt accrued during the marriage.
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Customer: replied 3 years ago.
Have yet received another letter from ex this time he wants residential contact to take place every other weekend. The children for not wish to stay with him. What bedrooms requirements are needed for them to stay ?
I would argue that the children are too young at the moment to stay with what is essentially a family of strangers where there has not been a proper gradual introduction, especially where it appears there is insufficient accommodation. It would not be in the twin's best interests to be sharing with other older children that they don't know. Once would expect that they would have a room between them which I presume is what they have at home.

I would offer non residential contact for a period to enable an introductory period which could well be a number of months, it depends on the children, but residential contact would not appear to be a good option at the moment.

Happy to discuss further. Please leave positive feedback so that I am credited for my time.