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(Court of Appeal; Wilson LJ; 25 September 2009)
An occupation order is most serious when it is made against someone who does not readily have alternative accommodation. The discretion in S33(6) Family Law Act 1996 would not be unduly confined. Separation in this case was necessary and could only be achieved by evicting the husband given his failure to make alternative proposals. The length of the husband's absence was within his own control.
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