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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1941
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex partner has an ocupation order on our jointly owned

Resolved Question:

my ex partner has an ocupation order on our jointly owned property.
She has had to leave the country on short notice yesterday. She phoned me as one of our three young children was sick and asked me to stay at house while she is away to look after children.
The ocupation order states I can not come within 200 m of house only then to pick up personal belongings.
I am now here looking after children, she is in Canada working.
She has wrote a letter berfoe she left saying she has requested this. How do I stand?
Submitted: 3 months ago.
Category: Law
Expert:  Harris replied 3 months ago.

Hi, thank you for your question. Firstly, a breach of an occupation (and if it also states on the order a non-molestation order) is a criminal offence and she would be able to call the police regarding this breach - however, you have a defence in the form of her letters allowing you access to care for the children, which would be considered reasonable to breach the occupation order. Upon her return you may wish to discuss applying to have the order discharged as she clearly does not think it is necessary.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 1941
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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