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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70188
Experience:  Over 5 years in practice
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My son has had a non molestation order issued against him and

Customer Question

My son has had a non molestation order issued against him and his expartner is applying for occupation order. There has been no violence, she has lied in her position statement about where she is currently living, will not apply for alternative housing, just wants to make him homeless - the local authority tenancy was solely in his name, he will not be rehoused and he cannot afford to rent privately, what is his best way of fighting this action. Local Council have said she will be eligible to be rehoused. Are dads ever successful in these matters or are all Judges allowed to be totally biased for the mum, without going into merits of the case
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Courts are biased in favour of the mother generally and, of course, she has lied. There is not much genuine abuse in the UK.
However, it is quite hard to get occupation orders on the basis that you just don't much like your former partner anymore whatever victim language it is put into.
Non molestation orders are far too easy to obtain in my opinion but I suppose their argument is that they cause no prejudice.
You need to gather evidence of where she is currently living. If she is away from the target property then there should be no difficulty.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, we cannot afford huge money on a solicitor do you think it a good idea to employ direct access barrister to put his case in court
Expert:  Jo C. replied 1 year ago.
Representations is generally better and public access is much cheaper than a solicitor.

The better place to start though is to gather evidence that she is living elsewhere as however brilliant a barrister is they cannot do anything about evidence of lack thereof.

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