What is an Occupation Order?

Navigating relationships and housing issues can be challenging, especially when disputes arise.

In these complex situations, an occupation order can provide a vital legal remedy for individuals seeking protection regarding their living arrangements.

This article explains what an occupation order is, its purpose, how to obtain one, and how to manage the implications if you find yourself in this situation.

If you are a parent currently going through family court, it is highly recommended that you join PAPA Plus and make use of our courses and other resources, including PAPA AI.

If you require direct assistance with your case, you can also book a call with PAPA 

Occupation Orders Explained

An occupation order is a legal order made by the family court under the Family Law Act 1996.

It determines who has the right to live in a shared home, particularly in domestic disputes or when couples separate.

An occupation order serves to regulate living rights between two parties who have shared a property.

It can either:

• Grant one person the right to stay in the residence while preventing the other from entering.

• Specify conditions under which both parties may reside in the property.

  
  

This legal measure primarily aims to protect individuals from harassment or violence, ensuring a sense of safety in their living environment.

Who Can Apply for an Occupation Order?

Any individual with an interest in the property may apply for an occupation order.

This typically includes:

• Spouses or civil partners

• Former spouses or civil partners

• Cohabiting partners

• Former cohabiting partners

• Family members living in the home

  
  

To qualify, the applicant must show a legal or equitable interest in the property and demonstrate their prior association with it.

For instance, a recent report indicated that approximately 75% of successful applications came from individuals in ongoing relationships with other parties residing in the shared home.

Purpose of an Occupation Order

The primary aim of an occupation order is to provide immediate protection in domestic disputes.

Its specific objectives include:

• Preventing Harassment or Violence: If a party feels threatened by another's presence, an occupation order can legally exclude the latter from the property, ensuring their safety.

• Establishing Residency Rights: The order can clarify who can live in the property and under what conditions, which helps reduce conflict.

  
  

• Protecting Children: In cases involving minors, courts focus on children's welfare. An occupation order can be customized to create a safe environment for them.

  
  

• Stability During Separation: For separating couples, an occupation order helps maintain stability in housing arrangements, reducing stress during this transitional period.

  
  

Types of Occupation Orders

There are two main types of occupation orders:

1. Exclusive Order: Grants one individual the exclusive right to reside in the property. This is common when one party poses a risk to the other’s safety.

   
   

2. Non-Exclusive Order: Allows both parties to reside in the property but may impose limitations on their access.

   
   

The appropriate type of order depends on the specific circumstances and needs of those involved.

How to Apply for an Occupation Order

Applying for an occupation order involves a clear legal procedure.

Here is a step-by-step guide:

1. Gather Necessary Information

Collect essential information and documents, such as:

• Proof of relationship (e.g., marriage or civil partnership certificate)

• Evidence of housing interest (property deeds or rental agreements)

• Documentation of any relevant incidents (e.g., police reports of domestic violence)

  
  

2. File the Application

To file your application, complete the necessary forms (FL401) available from your local family court or through the UK government website.

Your application must detail your living situation, your relationship with the other party, and the reasons for your request.

3. Attend a Hearing

Once you submit your application, a hearing will be scheduled.

Both parties will present their cases before a judge.

It is highly recommended to seek legal guidance from an organisation like PAPA to effectively communicate your position.

4. Receive the Court's Decision

After the hearing, the judge will grant or deny the occupation order.

If granted, the order will outline the terms of occupation, including who may stay in the property and any specific conditions.

5. Comply with Court Orders

Following the court's decision, it's vital for both parties to comply with the terms established by the order.

Non-compliance can lead to serious legal consequences, including enforcement actions.

Legal Support and Representation

Navigating the application process for an occupation order can be complex, especially in emotionally charged circumstances.

Here are some recommendations for obtaining legal support:

• PAPA Plus: Joining PAPA Plus is the most recommended option because not only does it donate towards our awareness campaigns but it also gives members full access to our courses, PAPA Ai and 1-2-1 help. We can guide you through the application process, assist you with court, and help you build a strong case.

  
  

• Legal Aid: You may qualify for legal aid based on your financial situation, which can cover some or all legal costs.

  
  

• Support Services: Numerous organisations like PAPA offer emotional support and guidance throughout legal processes, especially for survivors of domestic violence. Make sure to join the PAPA support spaces.

  
  

Managing an Occupation Order

If you are subject to an occupation order, it is essential to understand your rights and responsibilities:

1. Review the Occupation Order

Thoroughly read the order to understand its terms, particularly regarding residence rights and any restrictions on your access to the property.

2. Seek Legal Guidance

Contact PAPA to explore your options. We can advise you on whether appealing the order is possible or if you can request a variation of its terms.

3. Comply with the Order

Compliance with the terms of the occupation order is crucial. Failure to do so can result in legal penalties, including enforcement actions.

4. Consider Negotiation

It's possible to negotiate with the other party to arrive at a mutually agreeable solution. This approach may lead to a more amicable arrangement regarding living conditions.

5. Explore Alternative Housing Options

If the order prevents you from living in the property, begin searching for alternative housing promptly. This proactive step can mitigate disruption and stress.

Implications of Occupation Orders

Occupation orders can have significant effects on the lives of those involved.

Here are some potential implications to consider:

• Emotional Strain: Legal proceedings can be emotionally draining. Seek emotional support to help navigate this challenging period.

  
  

• Long-Term Changes to Residence: An occupation order can permanently alter living arrangements, affecting daily life, particularly in families with children.

  
  

• Impact on Relationships: An occupation order may indicate strained relationships. Addressing underlying issues with counselling or mediation can foster stability.

  
  

• Permanent Legal Records: Occupation orders create a legal record that can impact future matters, including custody disputes and property rights.

  
  

Moving Forward

Grasping the complexities of occupation orders in the family court system can feel overwhelming.

However, by understanding their purpose, the application process, and how to manage their implications, individuals can take informed steps to protect their rights and well-being.

Whether you are applying for or dealing with an occupation order, seeking legal advice and support can significantly enhance your chances of achieving a satisfactory resolution that prioritises safety and stability for everyone involved.

As family dynamics can change rapidly, staying informed about your rights and options within the family court system is crucial.

In need of help or support?

If you are an alienated parent reading this article and feel you are in need of help and support then please make sure to join PAPA today by signing up here on our website.

This will give you access to our community support forum as well as our Resource Centre, which includes downloadable guides and on-demand courses to help through the process of being alienated and regaining contact with your children.

We also have our Facebook support group that you can join here.

Our Facebook support group has several dedicated chat rooms where you can get immediate support.

If you are a member of PAPA you can also send us a message here on the website and we will try to get back to you as soon as possible but please bear in mind, we have hundreds of messages weekly so it may take us a while to get back to you.

We are currently prioritising PAPA Plus members due to high demand.

Regardless of circumstance you are not alone and at PAPA we are here to support you.

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We would love for you to join us and help spread awareness for parental alienation and all of the dynamics involved so that we can continue to help parents and children towards a better future.

Our Ambassador Program allows you to grow your involvement with the cause by earning points on your membership.

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Thank you for reading and for your continued support of PAPA and our mission to end parental alienation.