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Occupation Orders

An order that sets out who may live in the family home, or who must leave it, when a relationship breaks down.

What is an occupation order?

An occupation order is made by the Family Court. It can decide who is allowed to live in the home, who must leave, and whether someone can be kept out of part of the property or the area around it.

How the court approaches it

The court looks at the circumstances of everyone involved. This includes housing needs and resources, the likely effect of any order on the health, safety and wellbeing of the people and children involved, and the conduct of each person. Where harm is a concern, the court weighs the risk to each person and any children.

Why it matters

These cases are often urgent and deeply personal. A decision about the home affects not only where you live, but your children's stability, school and daily routine.

How we assist you

  • Explain how the court approaches decisions about the family home
  • Help you understand the application and any papers you have received
  • Help you organise your account and supporting documents
  • Prepare you for what to expect at the hearing
  • Refer you to a panel solicitor who does legal aid work
General information only. Justice Centre does not provide legal advice. If you are in danger now, call 999.
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