Powers of the court

Part IV of the Family Law act 1996 give the court powers to make occupation orders - regulating the occupation of the family home and non-molestation orders prohibiting molestation.

An occupation order may contain provisions such as requiring the respondent to permit the applicant to remain or enter in the family home or part of it or prohibit the respondent of his right to occupy the family home. It could also require the respondent to leave the home or part of it.

A non-molestation order may contain a provision prohibiting the respondent from molesting another person associated with whom he/she is associated or prohibit the respondent from molesting a relevant child. Molestation can be broadly defined as a high degree of harassment so can apply to different types of behaviour.

In deciding whether to grant an occupation order the court will give regard to all the circumstances of the case including the conduct of the parties towards one another, their respective financial resources and the housing needs of both parties including children. In considering an application for a non-molestation order the court will have regard to all circumstances of the case including the need to secure the health safety and well being of the applicant including any child.

There are 2 main categories of people entitled to apply for an occupation order:

1. those with matrimonial homes rights (a married man or woman who is not a legal owner of the property)

2. those who have a interest in the property (legal owner, tenant etc)

It is also possible that the applicant can seek an order against a person with whom the respondent is associated. This can include:

• a spouse or former spouse

• a cohabitant or former cohabitant

• anyone who lives or has lived in the same household

• a relative

• certain children

• parties to the same family proceedings