I was threatened with the occupation order for a long time, however recently my solicitor wrote to the other side asking her to comply with occupation matter on an open basis. If she fails I will be applying for emergency occupation order and she has to pay costs. They refused and wrote that they will cross apply if I apply and I have to pay costs.
1. I don't understand why they would cross apply, surely she just has to defend my application?
2. They stated that they are 'shocked' to hear with my notice. She has been given numerous notice on my return in October but althought on a without prejudice basis. Can I show this to magistrate court?
3. How does emergency application works? Will my solicitor go and apply or do I have to go court to?
4. If I succeed with cost order at what point will this be made - having read a few articles it implies there will be a second hearing?
5. If I succeed will the order be effective immediately?
6. I have given all evidence to my solicitor on my reasons to return. At why point will this evidence be shown? At what point will they have to show evidence for their allegation?