I''m asking for advice on behalf of a friend.She had to leave her home because of aggressive behaviour from her husband.A solicitor has advised she gets and injunction to remove him from the FMH.Although she is afraid to return home she is reluctant to go for an injunction if it means he will have to be removed from the house with a Police escort.Does it always happen this way or could he be sent the information that an injunction is in place and be given the chance to vacate the property voluntarily without the need for Police presence?
In that case, why should the wife be allowed exclusive access in preference to the husband? Surely they both have occupation rights? Why would a court make the husband homeless so that the wife can live there?
Yes the Police have been involved they had to go with her to help get her overnight things out of the house.
Cookie I suppose I feel she has a right to live in her home without being verbally and physically attacked.She has been forced out of the home because of this behaviour and surely it can''t be right that brute force gains possesion of the home.She hasn''t the financial means to live anywhere else but he does.
Even when there aren''t children two reasons why a court might make an occupation order in favour of a wife (or husband for that matter) are the unreasonable behaviour of the other spouse and the unavailability of other housing or lack of resources. See Part IV Family LAw Act 1996.
To answer the question if the friend is granted sole occupation the husband will be given the opportunity to leave voluntarily.