Who can apply for an occupation order?
Under the Family Law Act, you may apply for an occupation order if you are an associated person. Section 62(3) of the Act defines an associated person as follows:
(a)they are or have been married to each other;
(aa)they are or have been civil partners of each other;
(b)they are cohabitants or former cohabitants;
(c)they live or have lived in the same household, otherwise than merely by reason of one of them being the other’s employee, tenant, lodger or boarder;
(d)they are relatives;
(e)they have agreed to marry one another (whether or not that agreement has been terminated);
(ea)they have or have had an intimate personal relationship with each other which is or was of significant duration;
(eza)they have entered into a civil partnership agreement (as defined by section 73 of the Civil Partnership Act 2004) (whether or not that agreement has been terminated);
(f)in relation to any child, they are both persons falling within subsection (4); or
(g)they are parties to the same family proceedings (other than proceedings under this Part).
As to section 62(3)(f) a person falls within this subsection if they satisfy section 62(4) as quoted below:
(4)A person falls within this subsection in relation to a child if—
(a)he is a parent of the child; or
(b)he has or has had parental responsibility for the child.
If you believe you fit into one of the categories above, and wish to explore your options as to this form of injunction then do get in touch.