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Chances of success in regards to an Occupation Order

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  • Chances of success in regards to an Occupation Order

    Quick facts to contextualise the scenario:

    - London, UK based.
    - I work (£39k). She in on benefits (with the capacity to work as a nurse)
    - Married several years with 2 children < 7
    - I am currently living in the council house where we are joint tenants
    - Wife decided to leave one day with kids and mentioned domestic abuse (emotional)
    - No police, no other parties involved
    - The council gave her temporary accommodation based on a "risk assessment"
    - We co-parent well now
    - I have always had the kids every weekend since she left
    - No welfare concerns
    - She assumed the council would give her a new tenancy in a new property but they've explained she is already a joint tenant on the property that I am in so she will need to get that tenancy transferred into her sole name
    - Either I would need to voluntarily transfer it to her or she has mentioned that she can apply for an Occupation Order (via the court)
    - It has been 14 months since she left
    - We have recently had mediation and she has reluctantly agreed to 50:50 care of the children on the basis that I transfer the tenancy over to her
    - No legal/court involved in any respect thus far

    My question is, given that she has been gone so long, what are her chances of success if she was to apply for an occupational order?
    Tags: None

  • #2
    It is a definite possibility.

    What about the agreement reached at mediation? Are you not going to abide by it?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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