Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Occupation order definition

What does Occupation order mean? An occupation order is a family court order that decides who may live in, enter or be excluded from the family home, often to protect a partner or child in the context of domestic abuse and to regulate occupation pending separation or other family proceedings. In England and Wales, the term and powers are set out in Part IV of the Family law Act 1996 (ss.33–38): the court may confer, declare, restrict or regulate rights of occupation between “associated persons” (including spouses, civil partners, cohabitants and former partners). Orders are typically time‑limited, can be made urgently, may include a...

Occupation Orders (FLA 1996): Applications, Without-Notice Practice, Service, Drafting, Variation and Enforcement, Police Notification, Online Pilot, Legal Aid, Undertakings and Tenancies (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines how to apply for an Occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It covers availability of Legal aid and sets out the extra criteria for without notice applications, the Requirements for service, and the position on undertakings and attaching a power of arrest. It also addresses how to draft the order, including use of Standard order 10.2—occupation order.

Applications

An occupation order under FLA 1996, Pt IV confers, declares, restricts, or regulates occupation rights in the family home between individuals who are, or have been, within specified relationship categories. Applications proceed in accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10, together with Practice Direction FPR 2010, PD 10A.

Frequently, an occupation order application is issued alongside a non-molestation order application. A non-molestation order restrains the respondent from molesting an associated person and/or a relevant child. See Practice Note: Non-molestation orders. On 17 December 2025, the President of...

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Web page updated on 21/05/2026

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