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Family Law

The leading authority on all aspects of family law

22 MAY 2012

OCCUPATION ORDER:Re L (Occupation Order)

(Court of Appeal, Thorpe, Aikens, Black LJJ, 4 May 2012)

 The judge made an occupation order under s 33(6) of Family Law Act 1996 to exclude the father from the matrimonial home for 3 months. He made findings that the 8-year-old twins had suffered harm as a result of heated arguments between the parents.

 The father's appeal was dismissed. Evidence of violence was not a prerequisite for the making of an occupation order, provided there was evidence the children would suffer significant harm. Having made finding the judge had no choice but to intervene.

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