DV: Occupation Order

Question 1

what can an occupation order do?

Answer 1

1. Confer a personal right to occupy

2. Exclude other party from the property, or regulate their occupation, even if that person is the sole legal owner

Question 2

When can it be used and what are the advantages?

Answer 2

It can be used alongside and to support non-mols, to separate the parties and thus reduce the opportunity for abuse.

Question 3

who can apply?

Answer 3

an entitle person: a person with the legal right to occupy. this may be a spouse or CP.
* Non entitled person…gets an order for up to 6 months. This may be a former spouse of CP or Co-hab or former co-hab

Answer 3

Significant harm test..

Answer 4

There are two stages…
1. Will the applicant and any child suffer significant harm without an order?

2. If making an order will cause significant harm to the respondent and any relevant child…

Question 5

What is the definition of harm?

Answer 5

See S63 (1) FLA 1996

Answer 6

Married couple lived with their young daughter and the husband’s son..

H was violent so W left him with the daughter and was placed in a temp accommodation.

W sought an Occupation order of the home where H was living with his young son..

Her application failed bcoz the son would suffer greater harm than W and daughter.