Occupation orders

The following Family practice note provides comprehensive and up to date legal information covering:

  • Occupation orders
  • Occupation orders
  • Categories of application
  • Applicant who has an estate, interest or home rights in a dwelling-house
  • Entitlement to occupy
  • Associated person
  • Balance of harm test
  • Discretionary criteria
  • Orders available
  • Duration
  • More...

Occupation orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription).

With particular regard to injunctions under the Family Law Act 1996 (FLA 1996) Her Majesty’s Courts and Tribunals Service (HMCTS) has issued guidance: Coronavirus (COVID-19) contingency arrangements for Family Law Act injunctions which is intended to help make sure injunction applications are prioritised and victims of domestic abuse receive protection as soon as possible. See Practice Note: Procedure for an application for an occupation order.

Occupation orders

An occupation order is an order under the Family Law Act 1996 (FLA 1996) conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship.

Essentially, an occupation order will be either a declaratory order or a regulatory order.

Declaratory orders are those:

  1. declaring existing

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