A husband was served at 3.30 pm with an ex parte order requiring him to vacate the matrimonial home at 6 pm the same day.
Held: There was nothing to justify turning the husband out of his home without hearing his side: ‘Such a course should be taken only in exceptional circumstances. Applications by a spouse requiring the other spouse to leave the matrimonial home must be made on notice to the other side, and should never be ex parte. It was desirable that both parties should be present at the hearing.’ Such applications were an abuse of the process of the court, and solicitors who sought such applications in the future might find themselves liable for the costs.
Ormrod L, Stamp LJ
(1977) Family Law 245
Cited – Moat Housing Group-South Ltd v Harris and Another CA 16-Mar-2005
The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely.
Lists of cited by and citing cases may be incomplete.
Updated: 30 April 2022; Ref: scu.223626