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Occupation order

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  • Occupation order


    I would like to make an occupation order to inhabit my home. Unfortunately my barrister requested I pledge ab undertaking not to go to the home without my wife's permission.

    1). Does an occupation order nullify/ cancel an undertaking?
    2). What is the likelihood of my success in being granted an occupation order?

    The background
    Can I get an occupation order, or order to sell my home, on this basis....

    My wife got me ousted out of the home (on a phoney assist charge and bail conditions). Bail conditions have been dropped, but still under investigation.

    As the petitioner of a PSO hearing and CAO - I was encouraged by my barrister (prior to bail being dropped ) to make an undertaking not to return to the property without wife's written consent (presumably to collect further belongings).

    There is now an investigation against her (as she has actually been the violent one in this relationship throughout for 6 years, including death threats toward me, and suicidal threats).

    We moved to my rental property, for a few months, on the basis that when it sells - we use her cash in bank and the equity from my home (bought before the marriage) - to purchase a suitable one.

    Since a sale bid was received and shared with her, she instructed it with a home rights notice (although it's under my sole name, and purchased decades before marriage to her).

    So basically I'm excluded from my place, paying the mortgage, and not able to sell it either (to raise legal fees to defend myself and survive in the interim).

    She could rent elsewhere and afford it (she has a full time job & 160k in savings), it would allow me to pay the mortgage and not pay for the mortgage and large short term accommodation costs (Airbnb).

    She has now said she'll make no contribution to the mortgage, and I'm having to rent short term accommodation (so two property I'm covering).

    She works and has 160k in he bank(from sale to of her place).

    I haven't worked in 6 months, no savings, and getting loans to survive.

    Even then I won't be able to service this amount of expenditure, mortgage, rent, loans.

    I can afford the mortgage there, using loans until I get a job.

    I cannot afford both, and she's refused to pay there.

    I will be made homeless. And forfeit my child arrangements too.

    Also she's used a phoney allegation with the police to get me ousted and an undertaking at the FHDRA to keep me out of my home post bail conditions (I said to barrister I didn't agree and he just barked to me 'keep with the narrative... I was to exhausted to question him or disagree). The hearing was me as petitioner for a PSO & CAO.

    She took an undertaking akin to a PSO and I got structured interim CAO 5 of 14 nights per fortnight.
    1). Does an occupation order nullify/ cancel an undertaking?
    2). What is the likelihood of my success in being granted an occupation order?

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