b

subject to subsection (3), prohibits a civil partner from entering or remaining in—

i

a family home,

ii

any other residence occupied by the applicant civil partner,

iii

any place of work of the applicant civil partner,

iv

any school attended by a child in the permanent or temporary care of the applicant civil partner

3

Subsection (4) applies if in relation to a family home the non-applicant civil partner—

a

is an entitled partner, or

b

has occupancy rights.

4

Except where subsection (5) applies, the court may not grant a relevant interdict prohibiting the non-applicant civil partner from entering or remaining in the family home.

5

This subsection applies if—

a

the interdict is ancillary to an exclusion order, or

b

by virtue of section 101(4), the court refuses leave to exercise occupancy rights.

6

In this section and in sections 114 to 116, “applicant civil partner” means the civil partner who has applied for the interdict; and “non-applicant civil partner” is to be construed accordingly.