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FAMILY LAW

Occupation & Furniture Orders

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Occupation and Furniture Orders

 

You can do your own.  You can at least save yourself money by doing all the basic preparation yourself.

 

This site will give you the full procedure and documents involved so that,  at the very least,  you will understand the process fully.

 

Occupation and Furniture Orders can be made by a Family Court on an application by either spouse.  The Orders are made under the Domestic Violence Act 1995 and usually are made as part of an application for a full protection order. 

 

This topic is for both Applicants and for Respondents to read. We provide you with:

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Feedback / Reviews / Blogs on this topic
20-Jun-07
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)
"

24-Jun-07
"Good helpful information and tips on all of your family law topics topics. Keep it coming Netlaw. Judi - Invercargill"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"dear Netlaw,

My partner and I found all your family sites really good. We are fighting a maintenance and custody dispute with his ex and we cannot get legal aid so we are trying to go it alone and your site really helps. The judge actually commented on our documents saying that they were good. Thanks again . . . . Tuia"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Well worth reading. I don't think I will have any more kids!! Louise J Auckland March 2007"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Up to date. Great. the IRD Child Support site is so hard to follow. You need a computer degree. You tell it like it is. (One pissed off father)

"

"Bloody fantastic coverage. Easy to understand and work out. Mike R - Auckland Central"
"Please advise - My partner pays his ex-wife child support every week. (The amount was agreed via a settlement agreement nutted out between lawyers at mediation.) Is this child support still payable on weeks when we have the children? (in school holidays we have the children for half of the time). It seems unfair for his ex-wife to be getting paid child support when we are supporting the children.
Netlaw replies - The access you enjoy in the holidays must be averaged out over the whole year. It does not apply on a weekly basis. That sounds unfair but that is the way it has been interpreted. "

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my dissolution from all your documents and tips. JGH - Auckland - June 2007"
"Hi, great site! I need a bit more help. I need to serve dissolution papers on my ex-husband. However, he cannot be found. I can apply to the court to have them served on his mum instead using the form interlocutory application without notice AND filling in a general Affidavit form. I can't find any help for this on this pages. Also, do I put that my application for one party is made with or without notice? (first page).

Netlaw replies -You have obviously accessed our Dissolution site. Also access our Family Court Rules topic. Our basic documents are correct but you can double check them by going to the Dissolution topic and clicking on to the Direct Link to the Family Court Website. When that topic opens up, scroll down to FORMS, then on to LIST OF FORMS then on to FORMS UNDER FAMILY PROCEEDINGS ACT then down to Forms 11 and 12. Don't forget you have to add an Information Sheet and we have a topic Information Sheet. So that gets you started. 3 documents there.

Right, then go to our topic Family Court Rules and click on to those Rules through the Direct Link provided. When the Rules come up (a little longer if you are only on dial up) then choose Rule 126 which tells you all about substituted service. You need a simple Application (Without Notice) following the same format as your main Application and you need an Affidavit in Support of Application for Substituted Service. 2 documents. You do not need a second Information sheet.

Take your time. But put in the reasons why you need substituted service. Say where he might be, when you last had contact with him, where his extended family live etc. Cheers . . . . Netlaw

"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Great coverage. Keep updating the whole website, Netlaw. Barbara K - Hamilton"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Up to date. Great. the IRD Child Support site is so hard to follow. You need a computer degree. You tell it like it is. (One pissed off father)"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Hi, what is the success of wives asking for spousal support today? is it a common application or is it becoming too rare because there is DPB available and also because the system is changing and not favoring this type of maintenance anymore?? I just like to have a rough idea if I should pursue this. I've recently been made redundant, am getting no child maintenance and my ex says that I wont be able to get anything anyway as his business is off shore...Any help will be great thanks.

Netlaw replies: It is not common because the DPB is well above what most partners could afford, and still maintain themselves. But in financially well off families spousal maintenance is a runner, particularly until a matrimonial property division provides the partner in need with a large lump sum. Then, the need for extra maintenance dissipates. Apply for a benefit immediately and then apply also to the Family Court for an order for spousal maintenance. If the orders you receive amount to LESS than the DPB then that money goes towards the benefit, not on top. But if your order is MORE than the benefit then you just go off the benefit and take the sum awarded."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Really helpful "one stop shop". This topic attracted me to your website but when I opened up all the topics - WOW - I am going to join up a second time. I have used it for Wills, Neighbour Disputes, Trusts and Speeding Infringements and have read most of the topics. Think I will go to Law School! Great. Kayla - South Dunedin"
"Helpful and interesting. Se Ya again, Netlaw - Jon - Auckland Central"
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