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If you have separated from your partner, or the mother or father of your child, our Bitesize Blog will help you get to grips with the legal jargon and in turn help you understand better the legal process you are going through.

Here we will explain, in plain language, the kind of terms you may come across as you and your partner resolve how to parent your child separately, whether this is through solicitors or with the help of the Court.

OCCUPATION ORDER

An Occupation Order is an application to the Court to remove your partner or spouse from your home, even if they are the legal owner of the property or pay rent. Quite often this application will be made alongside an application for a Non Molestation Order.

If the Occupation Order is granted, the Court will direct that the responding party (the “Respondent”) leave the property and not return or enter the surrounding area. This Order is served on the Respondent by the police, who can enforce the Order if the Respondent refuses to leave the property. Like a Non Molestation Order, this Order can be obtained on an emergency basis, without the Respondent knowing, depending on the circumstances.