ABSTRACT

Chalmers v Johns (1999) CA Following a period of living together for 25 years, during which time they had occupied the family home as joint tenants for 20 years, H and W decided to separate. They had a seven year old daughter, D, and an adult son. The relationship of H and W, described as ‘stormy’, had involved assaults of a minor nature. W and D moved into a temporary council accommodation which was much further away from the school attended by D. D had regular staying contact with H. H and W made cross applications for a residence order for D, and W was granted an interim

occupation order under s 33 FLA 1996 on the ground of H’s violent conduct. H appealed against the occupation order.