Occupation Orders: What Are They and When Might You Need One?
An occupation order is an order made by the Family Court under the Family Law Act 1996 which determines who is allowed to live in, or occupy, a family home. It can be particularly important where a relationship has broken down and continuing to live together has become unsafe, distressing or unmanageable.
Depending on the circumstances, an occupation order can require one person to leave the property, prevent them from returning, restrict which parts of the property they can use, or allow the other person to return to the home.
If you are concerned about your safety, or the safety of your children, an occupation order may provide an important form of protection. Below, we explain when an application may be appropriate, who can apply, what the court considers and what evidence may support your case.
What is an occupation order?
An occupation order is designed to regulate occupation of a property. In practical terms, it determines who can remain living at the property and, where appropriate, whether another person must leave.
The court has a number of options available. For example, an order may:
Require one person to leave the family home;
Prevent someone from entering the property;
Allow a person who has left the property to return;
Specify which rooms or areas of the property each person may use; or
Restrict a person's ability to come within a particular area surrounding the property.
An occupation order does not determine ownership of the property. It does not transfer the property from one person to another or alter the underlying legal or beneficial interests. Instead, it deals with occupation and use of the home, usually where there is an immediate or ongoing need to regulate living arrangements.
When might an occupation order be appropriate?
An occupation order may be appropriate where it is no longer reasonable or safe for two people to continue living together and court intervention is required.
For example, you may wish to consider an application if:
You have experienced domestic abuse and do not feel safe remaining in the property with your partner or former partner;
You have left the family home because of the other person's behaviour and need the court's permission or protection to return;
You have been subjected to threats, intimidation, harassment or controlling behaviour; or
You need the court to establish clear boundaries about who can occupy or access the property.
Who is entitled to apply?
Occupation orders are available to people who fall within the definition of an “associated person” under the Family Law Act 1996. This includes spouses, civil partners, current or former cohabitants, certain family members and people who have lived together as a couple.
Occupation orders and non-molestation orders: what is the difference?
Although both orders are available under Part IV of the Family Law Act 1996, they serve different purposes.
A non-molestation order is intended to protect a person from molestation, which can include violence, threats, harassment, intimidation and other forms of abusive behaviour.
An occupation order, on the other hand, deals specifically with occupation of the home. It can determine who is permitted to live at or enter the property.
In some circumstances, it may be appropriate to apply for both orders at the same time. For example, a non-molestation order may provide protection from abusive behaviour while an occupation order deals with who can remain in the family home.