Hi there
I'm just after any stories people have with occupation orders. I have issued one against my ex who is refusing to either leave the property or to settle with me to enable me to leave the property, we have 6 year old twin daughters. He is the legal owner, although I have a beneficial interest & have contributed financial towards everything except the actual mortgage (we agreed he would pay that and I would pay everything else). I know that I will not win my application easily.
He offered to settle with me and I agreed, he has then reneged and has said now I am getting nothing. He expects me to walk away with nothing and leave the children in his care. He has gone from being a company director to being an odd job man so it appears he can have the children and does not have an income, although he has money in the bank to pay for the mortgage for 2 years (his words).
I ended the relationship in January after 10 years together because of domestic abuse. Mainly psychological & emotional, but there has also been physical and sexual abuse in the past and now financial control. Its all there, I have reported incidents to the police so it is on record, I reported the physical attacks too late for anything to happen and since then there hasn't been enough to actually arrest him as mainly verbal. It is also of course all my word against his. He is just saying I am psychotic!
If he wanted to find somewhere else to stay he would be able to but will of course argue that fact.
He has also on numerous occasions been verbally aggressive and threatening in his behaviour in front of the children. Recently he raised his fist to punch me (but didn't, maybe because the children were watching) and also started shouting and swearing at me in front of the children and their school friend. My word against his again!
He will deny all of it and say I am a liar, he is a narcissist (my opinion) and make out he is the victim, naturally.
We are in court on Thursday, I have a barrister representing me.
He has to prepare a response but hasn't been given a deadline, so presume he can submit last minute. the hearing is listed for 1 hour.
Is this likely to be a directions hearing only? Would the judge consider an interim order until the final hearing?
Anyone's views or experience much appreciated xx