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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A good friend of mine was served with a "occupation order"

Resolved Question:

A good friend of mine was served with a "occupation order" this am, and asked to appea rin court on Monday. He has no time to engage a solicitor and wishes to refute the reasons given on the order. What can we do to have the case postponed until legal advice is sought?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are there any children involved?
What allegations have been made?
Clare
Customer: replied 3 years ago.

2 children. She owns house


Doesnt provide for family


doesnt care for children


verbal but not physical abuseon her


Children receiving help to cope with situation


Quotes bible, refers to last supper


-his partner referred him to social services some time ago so Judas comes to mind.


Michael is an eccentric man , but hasnt got a bad bone in his body


I haven't got a copy of the letter in front of me and he only got it this am and brought it round for me to see.

Expert:  Clare replied 3 years ago.
Hi
How old are the children and why were Social Services involved?
Clare
Customer: replied 3 years ago.

14 and 16 I think


Because she claimed he was abusive to them


He is quite old fashioned and strict about politeness, homework etc


He is not without guilt on this but would like time to defend the accusations

Customer: replied 3 years ago.

Did I not reply to this?

 

Apologies didnt scroll down far enough!

Expert:  Clare replied 3 years ago.
Hi
My apologies
have divorce proceedings also been started?
What actions have Social Services taken?
Clare
Customer: replied 3 years ago.

They have been together of over 20 years and moved in together in 2001


but are not married


Social Services are monitoring the childrens welfare, visit
but have taken no action

Expert:  Clare replied 3 years ago.
Hi
What other housing options does he have?
When did she first ask him to leave?
Clare
Customer: replied 3 years ago.

approx Jan 2013


Caravan? Eventually some kind of rental?


Certainly not easy


Its more about the untruthfulness of the statements and how we can get his points over before the magistrate (?) makes a ruling which would destroy him. How can we get a postponement?


 


 


 

Expert:  Clare replied 3 years ago.
Hi
For clarity his ex first asked him to leave over a year ago and he has not done so - and the house is in her sole name is XXXXX XXXXX?
Clare
Customer: replied 3 years ago.

6 months


Correct

Expert:  Clare replied 3 years ago.
Hi
does your friend understand that he will eventually have to leave?
How long will he need to find somewhere else to live?
Clare
Customer: replied 3 years ago.

Yes he does, although he wants to keep the family together as his children are the loves of his life


A month


Its more about the lies that have been put in the document and the fact he has been given no time to get a solicitor/legal aid.


We have arranged a series of references from highly regarded professonal people(one an OBE), a doctor, a Councillor etc people who have known Michael both professionally and personally for 20 years of more.


Can we apply for a "stay of process" and am I allowed into the court?

Expert:  Clare replied 3 years ago.
Hi
I am sorry but the references will not be of any great assistance - our public faces and our private faces can be very different and the court are aware of that
However the lies in the statement and the timing are a different matter.
There are no allegations of physical abuse which means that the court will be thinking very carefully about making such an onerous order anyway.
If your friend explains that he does not accept that the contents of the statement are true BUT that he is willing to commit to moving out within six weeks then there is a very good chance that the Court will adjourn the matter for those six weeks, and if he does move out in that time will then dismiss the application without making the Order
Alternatively your friend can ask for an adjournment - pointing out that the lack of physical violence means that the application could have been made and served earlier in the week to allow him time to find a solicitor
You can ask to go into court with him as his Mckenzie Friend - you cannot address the court, but you can take notes and pass him questions to ask
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Went to court on Monday and got two weeks to find solicitor/get legal aid and reply to document . Then a further date for a half day hearing - date to be set.


Michael is still in the house, and I understand his partner is withdrawing some of the more spurious allegations!


I think we've done the best we can for him, although I suspect I haven't heard the last if it!


 


Thank you for your help

Expert:  Clare replied 3 years ago.
Hi
The best thing you can do for him now is to help him find somewhere else to live as inevitable that is what must happen next
Clare
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