Can a married couple apply for an occupation order?

You are parties to the same family proceedings If you were married/in a civil partnership with the other person you are entitled to apply as of right, irrespective of any right to occupy the home, even if you are divorced/have obtained dissolution. You are also entitled to apply as of right if you were cohabiting or intending to cohabit a home.

Who can apply for an occupation order under Family Law Act 1996?

Under the Family Law Act 1996 (section 33 and 35 to 38), victims of abuse can apply for a non-molestation order which prevents the victim being pestered, harassed or molested, but it does not deal with the issue of who can occupy the family home. An occupation order offers that protection. Who can apply for an occupation order?

Can a victim of abuse get an occupation order?

Who are the parties to an occupation order?

The parties must be ‘associated’ as set out within s62-s63 of the Family Law Act 1996 i.e. spouse/civil partner/cohabitee, relatives, people who have agreed to marry, have had an intimate personal relationship with one another of significant duration, the list is not exhaustive.

Can a victim apply for an occupation order?

Occupation order family law act The Family Law Act 1996 aims to protect those suffering domestic abuse and offer remedies to those who apply. For instance, under the Family Law Act, a victim of abuse may apply for a Non-Molestation Order which prevents the perpetrator from pestering, harassing or molesting.

Can a mother apply for an occupation order?

The case is an interesting one, in which a mother applied for an order to be made under Section 33 (6) of the Family Law Act 1996 to exclude her spouse from the matrimonial home for three months. Before we consider the case in more detail, let’s take a closer look at occupation orders. Who can apply for an occupation order?

When do you get an order of occupation?

As such they are usually granted in urgent circumstances in response to a recent incident. Occupation orders are only granted without notice to the other party in the most exceptional cases. They are usually but not always granted following violence or threats of violence.

Can a victim of domestic abuse get an occupation order?

If you are a victim of domestic abuse, you can apply for an order that will protect your right to live safely in your family home. Called an occupation order, this regulates the occupation of a specified property and can prevent one party from entering or approaching its vicinity.

How long does an occupation order usually last?

An occupation order is a court order which specifies who is and who is not able to live in the family home and/or who can enter the surrounding area. Normally, an occupation order will only last for a short period of time, usually around 6 months.

How is an occupation order made under Family Law Act?

The court found that the children were being adversely affected by their parents’ arguments and held that the twins were likely to suffer significant emotional harm as a consequence. An occupation order was made under Section 33 (6) of the Family Law Act, excluding the father from the property for a three-month period.