Occupation Orders are Orders which deal with who can live in or occupy a property.
These Orders can be applied for on their own, or they often arise due to issues which occur in applications for Non-Molestation Orders, or Children Act cases and can be made at the same time as these applications.
These Orders can be wide-ranging, and they can deal with properties which are jointly owned or owned by one person. Sometimes these Orders can override property rights, for example, by excluding an owner or joint owner from their property, for a period of months to allow you to remain there. That person would then need to leave the house or an area within the house, if there are restrictions on them.
Occupation Orders are made when a Judge thinks they are necessary to keep people safe.
You can apply for an Occupation Order against someone who is “an associated person” which would normally be either a partner or ex-partner, people who are living together, close relatives which can include parents and grown-up children or people who have been in a relationship of a significant duration.
The Court looks at the “balance of harm” test to balance what harm making an Order would cause to both parties and any children.
The Court also looks at all relevant circumstances in each case, such as the housing needs and financial resources of the parties, and how parties have conducted themselves.
These are complex Orders, and you should seek expert legal advice if you think that you need to apply for one.
Contact our family law team on 0113 284 5000 or email family@isonharrison.co.uk.
