OCCUPATION ORDERS

Question 1

What section do OO come under?

Answer 1

S.33 FLA 1996

Question 2

Who can get an OO?

Answer 2

S.33 - Applicant has estate interest or home rights

S.36 - Cohabitant with no right to occupy

Question 3

Name the types of entitled applicant and their subsection.

Answer 3

S.33(1)(a)(i) beneficial estate
S.33(1)(a)(ii) home rights
S.33(1)(b)(i) is/or at any time has been home of entitled person and another who he is associated to
S.33(1)(b)(ii) intended by entitled person to be their home

Question 4

What does s.120 of the Adoption and Children’s act 2002 say?

Answer 4

Harm can be as a result of witnessing the illtreatmemt of another person.

Question 5

What is part 1 on the s.33(7) test?

Answer 5

If it appears to the court that the A or relevant C will likely suffer significant harm attributable to R,s conduct, an order shall be madec

Question 6

What does G v G 2000 say about conduct?

Answer 6

Effect of respondents conduct on applicant assessed rather than intention

Question 7

What does charlmers v Johns 1999 say?

Answer 7

Slight case of domestic abuse not sufficient

Question 8

How is significant defined?

Answer 8

Children’s act 1989 = considerable, noteworthy, important

Question 9

What does likely mean and how is it established? Case?

Answer 9

Re B 2008, likely means really possibility established on balance of probabilities

Question 10

What does s.33(7)(a) say?

Answer 10

Where the making of an order would mean the respondent or relevant child will suffer significant harm.

Question 11

What does s.33(7)(b) say?

Answer 11

Harm likely to be suffered is great/greater than harm attributable to conduct of respondent which is likely to be suffered by the applicant or child if the order is not made.

Question 12

What does the case of B v B 1999 say about occupation orders?

Answer 12

Not granted where the child will suffer more hamr

Question 13

Is breach of an OO civil or criminal?

Answer 13

Remains a CIVIL matter.

Question 14

What does s.47(7) say about OO’s?

Answer 14

Must be brought back to family court who made original order.

Question 15

What is the consequence for breach of an OO?

Answer 15

2 years imprisonment or unlimited fine

Question 16

What are some s.40 additional provisions?

Answer 16

Orders to pay rent, mortgage, maintenance of property

S.40(2) consider financial needs resources and obligations

Question 17

What does s.36(1) say about cohabitees?

Answer 17

One person has to be cohabited who entitled to occupy through beneficial estate or interest

Question 18

What does s.36(b) say about applicant cohabitees?

Answer 18

They are not so entitled.

Question 19

What do you need to distinguish between for s.36 (3/4) and (5)

Answer 19

(3/4) is occupation provision for applicant
(5) is for respondent

Question 20

What does s.36(6) say about cohabities?

Answer 20

The court shall have regard to all of the circumstances

Housing needs
Financial needs
Conduct
Effect of order
Nature of relationship level of commitment
Children/relationship

Question 21

What is s.36(3) ?

Answer 21

right not to be evicted

Question 22

What is s. 36(4)?

Answer 22

Right to enter and occupy

Question 23

What does s.36(8)(a) say?

Answer 23

Whether applicant or relevant child is likely to suffer significant harm caused by conduct of respondent if a provision under (5) is not in included

Question 24

What do regulatory provisions come under for cohabitees?

Answer 24

S.36(5)

Question 25

How does s.62(1)(a) define a cohabitees?

Answer 25

Two person who are neither married or in a CP but who are living together as if they were