Occupation order and CAO

[DoingItForTheKid]

I have been too scared to take out an occupation order against my alcoholic husband.

If I proceed with a divorce, will I be able to request a Child Arrangement Order insisting on supervised contact, or is it better to have taken out an Occupation Order to show the seriousness of the situation.

I have had 30 mins with a solicitor and now need to decide on next steps.

An occupation order is made to exclude one occupier from the home, not to provide evidence for another case.

If you need an occupation order you should seek one. Are you still living together?

@MrsBertBibb Yes, still living together. He's stopped drinking for the moment but if he has another sip I will definitely take out the occupation order to keep us safe.

If I tell him I'm divorcing him he will probably drink again.

I'm scared of his reaction when he receives the order. And if given notice, how he will behave whilst he stays. He has refused to leave.

It is highly unlikely that he would be excluded from the home on a hearing without notice to him. At best the Court might make a non molestation order, but at present, it doesn't sound as if you would have grounds to apply for either. There needs to be actual, recent behaviour.

You just need to crack on with the divorce I'm afraid.

Good luck.

@MrsBertBibby thank you. There has been actual, recent behaviour i haven't posted on here, and my solicitor advises that although an occupation order is serious, I should be successful.

But thank you for warning me and others that if it is not recent, I may not be successful.