Non-mol,/occupation order

[CYNthesys]

If a non mol is overturned/quashed can the associated occupation order still remain in force

[atticus]

It can.

But there may be more to it. You give no information (possibly wisely).

[CYNthesys]

Non mol/occupation order obtained ex parte. Applicant has no concrete evidence to support the false allegations she .. made against respondent. Respondent has huge amount of documentary evidence that will discredit the false claims, just worried that occupation order may be allowed to continue even if he successfully contests the non mol

[CYNthesys]

Due to covid restrictions etc contested non mol/occupation order hearing has been listed for hearing 7+ months after the original ex partie order was made. Male respondent has documentary evidence to disprove the false allegations, whereas the order was made on the strength if hearsay. In anyones opinion what are the chances of getting the Mon mol quashed after all this time. I suspect the female applicant would maliciously try to get the order extended.

[CYNthesys]

BUMP

[CYNthesys]

The applicant (wife) who obtained the non-mol/occupation order ex parte (by making false allegations) has a male friend regularly staying in the home despite her husband (the respondent) being effectively kicked out over 7 months ago. Respondent is able to discredit the allegations with documentary evidence but is still awaiting the final hearing to contest the order which has been delayed until the end of June because of court availability & Covid restrictions that were in place. There are 2 young children in the family and they are commenting about their mummy's friend sleeping with her in mummy and daddy's bed. I believe it is having a damaging effect on the children is this something that could be brought up and be considered at the final hearing.