Order granted to remove Respondent from vulnerable Applicant’s property

Private Law (Child Arrangements Programme (CAP))

29 November 2023

Nicole represented an Applicant, who was a very vulnerable individual with multiple medical conditions.

The Applicant had felt pressurised into letting the Respondent (her brother), his partner and their child stay temporarily at her property where she was the sole tenant. Allegations were then made against the Respondent and he refused to leave.

Upon hearing the contested matter urgently, with oral evidence from the parties, the Judge initially took the view that this was not an urgent matter with the difficulty that no corroborative or medical evidence had been served.

Despite the evidentiary difficulties, Nicole successfully argued that an occupation order should be granted to remove the Respondent from the Applicant’s property.

A Non-Molestation order was discharged, and an occupation order granted to remove the Respondent from the Applicant’s property.

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