Is there a time limit when an occupancy order or non molestation order needs to be filed by. My wife left the family home seven weeks ago and moved in with her parents which is where she is currently staying. She wants to return to the family home but she wants me to move out of the family home. I have said that I will move into an annex which is approx 100m from the main residence and she said that this is not acceptable for her. I have said that I think that that is unreasonable. She said that if I don't move out by next week she has no choice but to issue an occupancy/non molestation order.
Province/Country relating to question : England
HiThere is no deadline involved I am afraid.The only advantage to you with the delay is that clearly her housing needs are not urgent - but sadly unless she does have other accommodation of her own then she has a reasonable chance of obtaining an Occupation Order.Claire
Why does she have a reasonable chance of obtaining an occupancy order and does that mean I have to leave the family home
I have no issue with her returning to the family home, in fact I support it, what I don't support is being told I can't be in our home and not having access to our children. That is why I suggested the Annex, as it is approxiamtely 100m away from the main residence, I can still maintain contact with our children, I can be there for security purposes as the premises does not currently have a gate. I have asked her to seek mediation and marriage guidance counselling. I don't have an issue, per se, if she doesn't want to be married to me, as I don't really want to be with someone who doesn't want to be with me. We have a three bedroom house, with two daughters, one of seven years old and one who is nine months old . .
HiThen it will be up to a Judge to decide if that is reasonable or not...from what you have said it should be fine although much will depend on the tale she spins and how well she gives evidenceClaire
25 years experience of all aspects of family law
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