An occupation order can enforce the right to live in the home, whether the home is rented or mortgaged.  The occupation order (OO) can, for example, exclude one party from occupying the home or from coming within a stated radius of it, or regulate the occupation of the home by each party.

The majority of people applying for an OO will also apply for a non molestation order (NMO) at the same time.  The application is made on form FL401 and there is no application fee.

Orders are made for specified periods and the court needs to weigh up the potential harm to each party and any relevant child if it makes an order.

If you are either applicant or respondent to an OO/NMO and require advice, guidance or representation at a hearing, please contact us.