Occupation order appeal question

[Fibblet]

Hello,

I just won my court case, and the sheriff granted my occupation order against my STBX.
However, he is threatening to appeal. We all know he is doing it to cause distress, as he does not want the house, but does not want me in it either…. but my question is this- if he appeals, is the occupation order paused (I can’t get back in the house) or does it go ahead anyway and he has to go through the process while being excluded. It was granted with powers of arrest, I’m in Scotland. My lawyer has never had this happen before so they are having to do some homework!

thanks for any help.

In England, the occupation order would remain in force unless the court decided to stay it (i.e. suspend it). Appealing would not automatically stay the order, but your ex could ask the court to stay it pending the outcome of the appeal. It would then be up to the court to decide whether to grant the stay. I believe the same is true in Scotland.

Thank you for this.