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Ocupational Order - Need Advice

  • Augusta09
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07 Aug 12 #347783 by Augusta09
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Hello,

Ten days ago my stbx attacked me while we were both at the family home and injured me. I called the police and he was arrested. Police adviced me to go somewhere else while it''s being investigated. I took our daughter (she was out when the assault took place) and fled to my parents. My stbx was released from police and went back to live in the house. He now refuses to move out even though:
1. My parents house is a 2 bedroom bungalow and my my dad''s medical conditions require him to have a bedroom to himself. We live literally on top of each other and we were never meeant to stay there for longer than couple of days.
2. My stbx has a rental property (in his name) that is currenty not being rented out and is ready to be moved in. His mother has a spare bedroom in her house.
3. With the school looming, I am desperate to move in back into the house and set up some kind of routine for our daughter.

His solicitors have been very agressive and threatened that in case I file to Occupancy order, they will retaliate by applying for Residency and demand the child to be moved back with my stbx while I live God knows where. He also clams that he is a primary carer even though we both know it is completely untrue but such claims might delay us moving back in the house.

My questions is: if I file for Occupancy order and in return they file for Residency, will I have to wait for residence order to be sorted out before we can move back in? My solicitor has no doubts that we would be granted the Occupantional order given our financial circumstances but it will cost me thousands to go though court and I would rather not if there is another option.

Does anyone else has the power to force my stbx out? I have support from Victim Support and Domestic Violence unit but they don''t have such powers.

Thank you for reading this. Any advice would be greatly appreciated.

Btw, we already have a Decree Nisi but Decree Absolute had to be delayed as he refuses point blank to negotiate and reach a settlement.
A

  • minxy1912
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07 Aug 12 #347797 by minxy1912
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i would be devious. wait for him to go out. let yourself in,baracade the doors and sit tight,koz if you can get in,you can do the same to him as he is doing to you. i no its not ideal answer but by the looks of it,its your only answer. if your name is on the morgage you have every rite to change the locks,when he comes rnd kicking off,ring the police again,hopfully then you can get an injunction against him.

  • cookie2
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07 Aug 12 #347811 by cookie2
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Augusta09 wrote:

His solicitors have been very agressive and threatened that in case I file to Occupancy order, they will retaliate by applying for Residency and demand the child to be moved back with my stbx while I live God knows where.

Wow, I guess somebody told him "the best defence is a good offence".. but in this case it is TOTALLY WRONG! This is pure and utter BS. They are throwing up a smokescreen to try to prevent you from applying for an occupation order, which in your circumstances, is extremely likely to be granted. If I were you I would tell his solicitor to take a long walk off a short pier, and apply for the occupation order nonetheless.

Does anyone else has the power to force my stbx out?

No. Your only other option would be to come to a financial resolution but this seems unlikely to happen in the short term.

Btw, we already have a Decree Nisi but Decree Absolute had to be delayed as he refuses point blank to negotiate and reach a settlement.

Then you should apply to court for Ancillary Relief.

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07 Aug 12 #347826 by Augusta09
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Thanks, Cookie2, you are absolutely right, in fact my stbx''s favourite saying is ''attack is best form of deffence''. I fear that I am left with no choice but file for Occupational Order and if he replies with Resindency order - so be it. If I don''t do something about it we will be left homeless and it will be a perfect opportunity for him to demand for our daughter to come and live with him while I live in the refugee accomodation.

I am currently in the process of obtaining an Injuction order as he''s been physycally and emotionally violent throughout our marriage and I was too embarrased to tell anyone. I am at the end of my wits as where we are going to live. I have a full time job but all my savings have been drained by solicitor costs and I would not be able to afford to rent anything on my own.

Thank you.
A

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07 Aug 12 #347827 by cookie2
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Augusta09 wrote:

him to demand for our daughter to come and live with him while I live in the refugee accomodation.

Trust me, that is never going to happen in a million years.

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