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Judge Emeritus & Solicitor

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Occupational Order and matrimonial home rights for our client

Occupational Order and matrimonial home rights for our client

Mother of 3 children under ages of 10 returns safely home after being denied entry into their own home.

Our client, a Mother of three, was about to be made homeless after being served with an eviction notice because the Father of the children failed to pay rent on their rented accommodation. The Father also owned a multimillion-pound property to which he returned a few months before the eviction of our client from the rented home.


Our client and children went to live with a family friend who herself had a young family but kindly took them in. However, she could not accommodate them on a long-term basis. In the meantime, the Father continued to live with his sister and elderly father at the multimillion-pound property. Our client was in desperate need to return to the multimillion-pound property which they used as a family home a few years back.  


The distraught Mother could not afford to pay rent and begged to go home with the children as she had nowhere else to go and was about to become homeless. She was explicitly told they could not move back home by the sister-in-law, or to be precise warned and shouted at, in the presence of the young and terrified children.


Confused and lost, she came to see us and instructed us to find out what she should do.  We initially wrote to her husband and sister to allow their safe return to the family home on a specified date but when she turned up in the afternoon with the children, the house was in total darkness.


Right…it was time to take matters further, meaning to court. We applied for a without notice Occupation Order which was relisted promptly for another hearing on notice for parties to attend because we pressed for an urgent hearing to be listed. Without much fuss, we obtained the Occupation Order - with cross undertakings that parties do not harass, threaten or intimidate each other.   


Everything was accomplished within the same week; from start to finish and we had a very happy and thankful client:-


I’m really happy. Thank you for your effort.

Would you kindly send me written Court order regarding my occupation.

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