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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2294
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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In the meantime the Non Molestation Order will continue and

Resolved Question:

In the meantime the Non Molestation Order will continue and our application for an Occupation Order will be reconsidered at a hearing to be listed on the first open date after 5th January 2016.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
The Court will have given you directions for providing a statement in relation to the continuation of the non-molestation order and for the occupation order. Once prepared, you will need to send a copy to the Court and a copy to the other party and keep a copy for yourself.
Which court is it being heard at?
Customer: replied 1 year ago.
when i finish my statement were i do take it
Expert:  Harris replied 1 year ago.
You have to sign it and take it or send it to the family court that is dealing with the application. Their address will be on the court order. You will also need to send a copy to the other party in the case. Make sure you keep a copy for yourself.
Customer: replied 1 year ago.
what about the prove i have do i send to the court with the statement
Expert:  Harris replied 1 year ago.
Yes, this should be referred to in the statement and attached with it.
Customer: replied 1 year ago.
i divorce my wife back home in algeria i have all the document to prove she reserve all the maintenance do you thing they take my flat is anther my name
Expert:  Harris replied 1 year ago.
It is difficult to confirm what the likelihood of the occupation order being granted without having the full facts. If she has children in her care and there is absolutely nowhere else to go, as well as there being domestic violence then her prospects would be good.
Customer: replied 1 year ago.
1. Removing the children from our client’s (Zahia Chelfat) care and control
2. Removing the children from England and Wales
In the meantime the Non Molestation Order will continue and our application for an Occupation Order will be reconsidered at a hearing to be listed on the first open date after 5th January 2016. this my last hearing
Customer: replied 1 year ago.
please can you help me
Expert:  Harris replied 1 year ago.
That is fine. The mother is concerned that you will take the children from her care and this order prevents that from happening.
It also appears that she has also applied for an occupation order regarding the family home as she and the children need somewhere to live, and she no longer feels that it is safe or in her interest for you to be there.
___
Please rate positively if you found this helpful.
Customer: replied 1 year ago.
but we divorce back home and she resever all the manitence my flat is anther my name they can tak it for me what about me were i go i dont have any place to live
Expert:  Harris replied 1 year ago.
The divorce will not impact this application as this is a separate issue.
Whose name is ***** ***** in? I
Customer: replied 1 year ago.
my name from housing association
Expert:  Harris replied 1 year ago.
If the occupation order is granted then you will have to leave the property and attend your council and apply as homeless. They will likely find that you are "intentionally homeless" because of the court orders, however if you are on benefits or a low income they will likely offer to provide you with financial support to pay a deposit on a privately rented property.
Customer: replied 1 year ago.
yes we were on benefit she stop that for me i work par time but am still paying my rent but am not there because of the charge i have also to let you know i have document from Algeria court she is anther investigation of use fake and fraud passport of kids
Expert:  Harris replied 1 year ago.
Thanks - you can refer to the Algerian court case in your statement, but it will not be relevant regarding what the court will consider for the occupation order application.
Customer: replied 1 year ago.
so do you thing i don't have any chance to kip my flat
Expert:  Harris replied 1 year ago.
The court will look at your needs and compare it to the needs of your ex-wife and the children. If she is the main carer of the children and the court agrees that there is likely to have been domestic violence between you, then she has a good chance of obtaining the occupation order.
Customer: replied 1 year ago.
what is your advice please
Expert:  Harris replied 1 year ago.
The court will consider the following issues, so you should cover this in your statement regarding the occupation order:
(a)the housing needs and housing resources of each of the parties and of any relevant child;
(b)the financial resources of each of the parties;
(c)the likely effect of any order, or of any decision by the court not to exercise its powers, on the health, safety or well-being of the parties and of any relevant child; and
(d)the conduct of the parties in relation to each other and otherwise.
Customer: replied 1 year ago.
thank you so mush happy new year all the best my friend any more advice for me
Expert:  Harris replied 1 year ago.
You're welcome and hope it goes well. Please provide a positive rating if you found this helpful.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2294
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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