Occupation Order Family Law Act

The term ‘Occupation Order Family Law Act’ refers to a court order under Part IV of the Family Law Act 1996. It is a mechanism to regulate who can live in, or return to, a home. In some cases, it can require the other person to leave or stay away from the property. Importantly, an occupation order can sometimes be made even against someone who owns the property or is otherwise legally entitled to live there.

If you feel unsafe at home after a relationship breakdown, an Occupation Order can offer invaluable peace of mind. At Birch & Co Solicitors, we regularly support clients who need urgent, practical protection and a workable plan for what happens next, whether that involves early agreement or a court application.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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When Might An Occupation Order Family Law Act Be Appropriate?

Occupation Orders under the Family Law Act tend to come into play when living arrangements have become unsafe, unworkable, or both. This might be because of situations involving violence, serious harassment, intimidation, or other abusive behaviours, including psychological and financial abuse. The court process is not about punishing someone, but about managing immediate risk and setting boundaries so you and any children can have safety and stability.

What Can An Occupation Order Family Law Act Include?

Occupation Orders under the Family Law Act are flexible, and the court can make different types of orders depending on what is necessary and proportionate. For example, the court can enforce the applicant’s entitlement to remain in the home, require the respondent to allow the applicant to enter and remain, and regulate occupation of the home. The court can also prohibit, suspend, or restrict the respondent’s right to occupy, require the respondent to leave, or exclude the respondent from the home or part of it.

In some cases, the court can attach a power of arrest to an occupation order where violence has been used or threatened, and it is necessary for protection, which changes how breaches can be dealt with in practice. If a power of arrest is attached, the police can arrest without a warrant in certain circumstances. If it is not attached, there may still be a route to apply to the court for a warrant if the order is breached.

The specialist family law solicitors at Birch & Co will discuss practical solutions with you in the unique circumstances of your matter. This might involve asking the court to exclude someone from the property, limiting occupation to certain rooms, or setting rules to reduce conflict while longer-term arrangements are resolved. If someone has already left the home, an occupation order can sometimes address whether they may return and under what conditions.

What Will The Court Consider When Making An Occupation Order Family Law Act?

When considering whether to grant an Occupation Order Family Law Act and, if so, on what terms, the court must consider all the circumstances, including the following:

Housing needs and resources.
Financial resources.
The likely effect on the parties’ health, safety, and well-being.
The parties’ conduct.

If the court thinks the applicant or a relevant child is likely to suffer “significant harm” attributable to the respondent’s conduct unless the Occupation Order Family Law Act is made, the Judge must make the order unless the “balance of harm” points the other way, meaning that the respondent or any relevant child would suffer equal or greater significant harm if the order is made.

For cohabitants and former cohabitants, the court must also consider relationship factors such as commitment, length of cohabitation, and any children, and apply similar “significant harm” questions when deciding on exclusion provisions.

How Long Does An Occupation Order Family Law Act Last?

How long an Occupation Order Family Law Act lasts depends on the facts of the case and the type of Order made. Some orders can be for a specified period, until a specified event, or until further order, while others are time-limited to up to six months with different extension rules.

The family law team at Birch & Co will explain how long the Order you seek is likely to last and advise you on the possibility of seeking extensions.

How We Can Help

At Birch & Co, our family law team prides itself on adopting a sensitive approach while still protecting your interests firmly, with a focus on finding the best solution and implementing it as quickly and cost-effectively as possible.

Where it is safe and appropriate, we aim to resolve family problems through early solicitor to solicitor discussions and, if needed, alternative dispute resolution such as mediation or arbitration, while still being ready to guide you through court proceedings if there is no alternative.

If you need urgent protection, our injunctions service includes helping clients apply for non-molestation orders and occupation orders, including emergency applications where necessary, with enquiries treated confidentially and sensitively. We have long experience in this area and are ideally placed to ensure your safety, and that of your family, is appropriately safeguarded.