Occupation orders, Civil court, family courts, injunctions; the nightmare begins

[BrassTacks]

Non-Mol ex-parte: interestingly my ex made an ex-part application which was refused, so we had a hearing tabled.

Can I just get this clear. You reached agreement at mediation for a consent order - is that right? Who drew up the consent order? You should have seen a draft before it was sent to court for sealing. Normally you both have to have a solicitor and both solicitors approve the wording before it's sent to court for sealing. Your solicitor should have shown you a draft to approve.

So is it a residency order for the ex and just an agreement section saying you're agreed on certain things?

we never saw a draft: it took more than a month to receive the final which we only received after continued pestering the court.
We were both unrepresented.

 

[Ash]

So it was a consent order reached at a court hearing?

 

[BrassTacks]

So it was a consent order reached at a court hearing?

Yes. We shared the mediation outcome summary before hand with the court and ask for an order in court

 

[MagicJ]

It has so far resulted in me making a successful occupation order (ex can’t kick me out, so I am privileged to have regular contact ;-),

Can you give me more details on this @BrassTacks , I'm also in FMH refusing to budge as it will significsntly detriment the children.

I may face an Occupation Order, how did you get one in place, I've been advised against seeking to do so myself.

 

[BrassTacks]

Can you give me more details on this @BrassTacks , I'm also in FMH refusing to budge as it will significsntly detriment the children.

I may face an Occupation Order, how did you get one in place, I've been advised against seeking to do so myself.

Sorry I’ve not replied.

I did the application myself, but we agreed by consent

My ex has now reinstated the hearings to try kick me out.
It’s been an extraordinary journey and despite two arrests and social services involvement and bizarre false allegations; all resulted in NFA and two hearings wrt occupation to try kick me out and another also to try kick me out: this has resulted in new orders to provide new position statements so has kicked the can down the road.

 

[BrassTacks]

I’d also suggest you get representation if possible

 

[BrassTacks]

Thanks.
Appreciate the support.

The saga has continued with 9 court appearances, two arrests for fictitious allegations (both NFA); one avoidable with a sadly young and impressionable policeman…. Could have been dealt with as a voluntary interview.
CAFCASS and then social services involved with ex reporting an alleged assault against the child - again both NFA!

The extent women go to by lying and fabricating evidence with clear negative impact on the children is devastating to experience, and hear from others in this forum.

The courts have been surprisingly balanced so far, but I still feel as the man the woman gets the benefit of the doubt… if the shoe was on the other foot…!

Can’t stress enough how much better it is for the children for things to be amicably resolved