separating and occupation order

[kelly342000]

has anyone gone through a separation and had to apply for a court occupation order to stay in the family home with their children? am currently going through a separation and my ex partner is adamant that me and the kids should be moving out of his house . i don't have anywhere to go, no money to get a place, no family near by to help and don't want to take kids away from their nursery and childminder etc so i'm thinking of taking court action we we can not reach an agreement through our mediation sessions. just wondering if anyone has gone through something similar and has any advice or suggestions, anything much appreciated

 

[Meezerowner]

Is your house jointly owned/rented or is it soley his?

Get yourself a family law solicitor to help if you can. They often offer a free 30 minute session and some can be quite reasonably priced if you only want a bit of help.

If it's jointly owned then I was told they would defo rule in your favour if you are looking after the children. I'm not quite sure how it works if he is sole owner but I think you defo still have some rights.

Is it feasible for you to maintain the place longterm though on your own? It might be better to look into moving and resettling straight away. Approach your local council about housing and check with CAB to see what your options might be. I was also put in touch with something called "Stonham Services" which help out with housing issues.

I wouldn't worry too much about childminders/nursery you can always find another good one somewhere else if it comes to it.

That's awful that he is trying to kick you out with nowhere to go.

 

[KayBea]

I had to get an occuption order as my ex handed in our notice with the estate agents (we private rent) so i had 2 months to find somewhere.
i had to go to the estate agents & explain that we arnt going anywhere because we have no where. The ex was just pissed off with me because i stayed at the flat & he had to sofa surf.

i managed to find a great solicitor & as i wasnt working it was free. im due back to court next month to renew it as i know he will try the same trick! xx