This Procedural Guide sets out the steps to be taken on an application for an occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It provides information on who can apply, the criteria applied by the court and explains the additional requirements in relation to without notice (ex parte) applications, the rules regarding service, provisions relating to undertakings and a power of arrest. It looks at the duration of an order, drafting the order and the standard order 10.2—occupation order.

An occupation order is an order made under FLA 1996, Pt IV primarily determining a right to occupy a property. The court may declare, confer or regulate occupation rights in the family home between family members or those involved in a domestic relationship. There are five types of occupation orders, including requiring a party to leave a home. There are different rules regarding entitlement and eligibility.

The powers of the court are less extensive in relation to certain classes of applicants where neither party is entitled.

The court must consider the statutory criteria and if it appears