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Not sure why I've never seen this great resource before!
Just looking for some advice please. About 4 weeks ago, I was asked to attend a hearing for a non-mol and occupation order..I had about 4 days to to put things together, hired a DAB.
The day came and as she alleged threats of violence I was given a non fault NMO and a Occupation order was served in the interim, no evidence was really provided for this.
The judge said another hearing would be scheduled in 4-5 months for the occupation order and we were asked to provide witness statements but we were encouraged to start financial remedies (we are unmarried) in the hope the hearing may never happen.
I'm a little confused, my DAB asked me to put financials together that need to submitted by the beginning of February? We also need to provide witness statements etc.
My questions:
- What may happen here? If we start meditation etc is there a chance we can stop this going ahead? Will I have grounds to apply to stop this or will it be her?
- or will it not matter, the occupation goes ahead and even if we've almost agreed on financials they will grant the order and I have to wait another a year before expiry before we can move on?
- My ex earns around 58k a year and we jointly own the property with approx £245k equity. Is she eligible for legal aid if she alleged DA for this occupation order?
- In the case we end up in court over the house, will she have to find her own defence to stop the order of sale? Are such cases due her allegations eligible for legal aid? I ask this as I feel she might just sabotage mediation and ask to go to court.
Thanks in advance!
You may benefit from contacting dadsunlimited. They have lawyers at a reasonable cost and can guide you through the process
hi, she is unlikely to get legal aid because she has good income etc. she will likely use barrister/solicitors going forward. I would follow your barristers advice.
what is happening with child contact?
Child contact is fine, they are late teens so it won't be an issue and doubt she'd put up a fight. I have access, they can contact me directly and arrange to see when they like. It's mainly splitting the house which is important as she'd like to stay for as.long as possible with me footing some of the bill!
I just want to break the ties and then just focus on the kids.
She doesn't really have any money, spends what she earns so no idea how she'll sort herself out if legal aid isn't available.
Have a further question. I have a date for the final hearing which is in June!
However, the order in the interim asked for witness statements by the 15th Jan. I've not had time to provide these, is there a way to obtain an extension please?
Thankyou.
@fromthecoast84 you could write to court and ask for extension. its not unusual for Statement to be given a few days later than deadline.
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