Occupation Order

An occupation order under section 33 of the Family Law Act 1996 can enforce the applicant's right to remain in occupation of the family home, require the respondent to allow the applicant to enter and remain, regulate occupation by either or both parties, restrict or terminate the respondent's rights to occupy, require the respondent to leave, or exclude the respondent from a defined area around the home.

In deciding whether and how to exercise these powers, the court must have regard to all the circumstances, including the housing needs and resources of each party and any relevant child, their financial resources, the likely effect of any order (or of not making one) on the health, safety or well-being of the parties and any relevant child, and the parties' conduct towards each other. Where the applicant or a relevant child is likely to suffer significant harm attributable to the respondent's conduct if no order is made, the court must make the order unless the harm the respondent or child would suffer from the order is as great as, or greater than, the harm to the applicant or child from not making it.