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Hi All,
My ex is not disclosing the address of the children to me, I have a court hearing in respect to this in 2 weeks.
I have seen the children twice now and both contact sessions went great.
The basis of the mother not giving me the children's address is as followings:
- Allegation of abduction – un true I wouldn’t take them abroad, I have nothing abroad to go to.
- Allegation of one incident of assault which has now I have been proven not guilty both in civil and criminal court capacity (tried twice).
- The mother has a MARAC report which apparently states she shouldn’t give the address out to me. This is possibly her only saving grace, the MARAC is something which is a one sided report where they only take the view of the so called “victim” who just needs to tick certain boxes to get a report stating the mother is at risk when that it not the case.
My question is, with the above as the arguments for not disclosing my children's address;
a) does she have a basis?
b) what are the arguments, case law or opinions I can use for obtaining my children's address to persuade the judge?
With the MARAC, I would say you have an uphill battle. However, since you are getting contact with your children, I would say that this is where you shouldbe prioritising, rather than fighting to get their address, and I think if you go to court to fight the lack of address, rather than concentrating on contact, I think the court won't take to kindly to your arguments.
I agree with actd, with the Maracs recommendation that you shouldn't be given her address, it will be difficult.
Other separated parents can make the situation of contact, without knowing each other's address, work... as long as you have some form of contact, for getting hold of the other parent in an emergency, it's workable.
What reasons do you have for wanting her address?
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