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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
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

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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?

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.

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