Occupation Order

Occupation Order – Section 33 of the Family Law Act 1996. It excludes one party from occupying a home or from coming within a stated radius of it. When considering the Occupation Order the Court will consider a ‘balance of harm test’ to assess any harm that may be caused to the Applicant, Respondent and any relevant children if the Order was or was not to be made. The Court will further consider the housing needs and any housing resources of each party and the children; financial resources of each party; likely effect of any order or any decision made by the Court not to exercise its powers under subsection (3) on the health, safety or well-being of the parties and of any relevant child and well as conduct of the parties in relation to each other and otherwise.