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Occupation order

 
Jakeyjay
(@jakeyjay)
Active Member Registered

Hi,

My first post here. So I was served with a non mol and occupation order past August. After an argument wasnt allowed back in house and had police called. We have 3 kids.

After lots of court hearing both lip the non mol got dismissed so now just about the occupation order. It's now at the stage of a final contested hearing and will last 3 hrs.

My question is will the judge liky grant it pending divorce? Do I submit evidence to judge and other party or just judge?

And lastly, I've fought this all the way as just malicious but may provide my evidence of abuse as was actually the other way round.

Thanks

 

Quote
Topic starter Posted : 27/01/2023 7:58 am
(@bill337)
Illustrious Member

hi,

can you please check your court order and if it says you have to submit statements/evidence to court only, or if you have to also send to your ex. 

With occupation orders, courts carry out these tests in making decisions:

In order to make any of these orders the court will require evidence of the parties’ financial needs, resources and obligations so it is important to provide as much evidence as possible in relation to both parties.

Section 33(7) and s33(6) of the Family Law Act 1996

Section 33(7):
‘If it appears to the court that the applicant or any relevant child is likely to suffer significant harm attributable to conduct of the respondent if an order under this section containing one or more of the provisions mentioned in subsection (3) is not made, the court shall make the order unless it appears to the court that –

  • the respondent or any relevant child is likely to suffer significant harm if the order is made; and
  • the harm likely to be suffered by the respondent or the child in that event is as great as, or greater than, the harm attributable to conduct of the respondent which is likely to be suffered by the applicant or child if the order is not made.’

Section 33(6):
‘In deciding whether to exercise its powers under subsection (3) and (if so) in what manner, the court shall have regard to all the circumstances including –

  • the housing needs and housing resources of each of the parties and of any relevant child;
  • the financial resources of each of the parties;
  • the likely effect of any order, or of any decision by the court not to exercise its powers under subsection (3) on the health, safety or well-being of the parties and of any relevant child; and
  • the conduct of the parties in relation to each other and otherwise.’
ReplyQuote
Posted : 27/01/2023 9:29 am

top tips to support your child after breakup

(@bill337)
Illustrious Member

are you seeing your children currently?

ReplyQuote
Posted : 27/01/2023 9:30 am
Jakeyjay
(@jakeyjay)
Active Member Registered

@bill337 I'm seeing kids.

ReplyQuote
Topic starter Posted : 27/01/2023 10:09 am

Jakeyjay
(@jakeyjay)
Active Member Registered

@bill337 do you think it's worth proposing regulating the home til divorce or going in strong with what ive suffered and evidence at this stage.

ReplyQuote
Topic starter Posted : 27/01/2023 11:23 am
(@bill337)
Illustrious Member

@blakeyblue am not that knowledgeable with occupation orders. Suggest to seek legal advice as there is a lot at stake.

ReplyQuote
Posted : 27/01/2023 1:53 pm

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