Can i Retract occupation order

[NightmareInCambridge]

Can I retract it. If so how. The order has been handed, mon mol ex parte. A date had been given from the courts where the the orders will be discussed.

I want to retract the application for the occupation order before it's heard on the day.

My reason for retracting is because I just don't want to add any more hostility to an already fragile situation. DH has said I can stay at the property with the DCs nd he will continue paying the mortgage. I felt that this is fair so I don't really want to add fuel to the fire by requesting the occupation order.

Also I know I would need to notify the mortgage company to send of the paperwork of the court hearing explaining the circumstances. This will obviously have an affect on us financially as neither one of us can afford to do it alone, therefore we risk losing the house.

Any advice would be greatly appreciated

Are you really sure you want to? It doesn't matter what he says at all - he can just change his mind.

The only way to be sure of anything is to get it court ordered.

You want what has been agreed already to be court ordered? What's wrong with that? Surely you're just protecting your children. What's the issue with you're husband that your scared of?

Why would it not be better to have this agreed in a court order??
is there going to be legal documentation for this agreement?
if not, then he can change his mind whenever he feels like and that will leave you and the children vulnerable.

You should instruct your solicitor to withdraw the petition. If you don’t one then repost in legal to get advice on how to do this.

The court order provides assurance on your situation and can block him from using the property at his discretion or whim. However it might not compel him to pay the mortgage in full or even in part. If you need that then you need legal advice. Because he can use his discretion to pay or not pay the mortgage as well.

You felt that it was needed initially, what has changed? Can you actually rely on him to do what hes said he will? It's possible he's only acting this way to get you to withdraw it and then the behaviour that caused you to seek an occupation order will come back.

How long are you expecting to stay in the house and him continue to pay a mortgage on a property he’s not living in? It sounds like you need to get a full consent order to agree your finances because that doesn’t seem like a like term option realistically.

re the occupation order, I don’t see why you’d withdraw that in the interim while you sort out the above