• Families Need Fathers | Trustees

Occupation Order Case Law

Occupation Order Case Law

The judge erred by by solely considering the application under section 33(7) of the Family Law Act 1996 (the ´balance of harm´ test), rather than considering the case under the two seperate tests of the ´balance of harm´ test (under s.33(7)) and the the ´core criteria´ test set out under section 33(6). See our guide on Occupation Orders and specifically the section “What does the judge consider?”.

Worth noting clarifications regarding “e;significant harm”. This case cites Humberside County Council v B [1993] FLR 257, where Booth J considered that “significant” meant:

“… considerable, or noteworthy or important …”
In this case, evidence fell very far short of establishing that A was likely to suffer considerable or noteworthy or important harm if the order was not made.

Regarding the use of Undertakings as an alternative

Occupation orders are a draconian measure. The judge had dismissed the notion of accepting an undertaking, but the appeal court found there was no evidence to support that an undertaking would be ineffective. “It seems to me that the disharmony, such as it was, was of a character perfectly capable of control by injunctive order.”

Grubb v Grubb gives an example of circumstances supporting an occupation order which are exceptional, but do not extend to violence. Applications brought under section 33(6) of the Family Law Act 1996 do not need to establish the prospect of significant harm (which is a requirement under applications brought under section 33(7) of that Act).

The husband’s conduct was controlling, including not allowing the wife her own set of keys to the house, and threatening to lock her out of the house if she did not return in time for an evening out. In considering the case under section 33(6) of the Family Law Act 1996, the appellate judge also points out that alternative accommodation was available to the husband, and this was a factor in the court’s decision. Appeal rejected, with the wife and two children to remain in the property pending the financial settlement.

Exceptional circumstances need not be limited to violence or threats of violence.

The court had found that the parents arguing was causing the children emotional harm, and an occupation order granted for 3 months. The judgment was appealed on the argument that the judge had erred in their exercise of discretion. The appeal was rejected, and the appellate court held that the court was not limited to making occupation orders to cases which involved violence. A shared residence order had also been made, with the mother being the primary carer as the father had frequent trips abroad.

Costs of contact arrangements

Duty on parents to work to put aside differences

Child arrangements orders for shared living arrangements

Shared living arrangements – domestic relocation

Shared living arrangements – relocation abroad

Contact – The European Convention on Human Rights (ECHR)

Temporary Removal from Jurisdiction Case Law

Shared Living Arrangements Case Law

Section 91.14 Case Law

Reversal of Residence Case Law

Paternity Testing Case Law

Parental Alienation and Intractable Contact Dispute Case Law

Occupation Order Case Law

Without Notice And Non Molestation Order Case Law

Non Biological Parent Case Law

Leave to Remove Case Law

Jurisdiction Case Law

Interim Contact Case Law and Practice Directions

Indirect and Suspension of Contact

Internal Relocation Case Law

What Our Service Users Say

” What an amazing organisation, offering help, support and advice. A really informative and pioneering charity. Thank you! ”

Families Need Fathers Testimonials - What Our Service Users Say

“ Excellent charity, and volunteers that gives hope and support with practical information, not only to fathers but grandparents / extended family too. A lifeline in devastating situations where ultimately the children are the focus. If contact with your child or grandchild is broken, this is the organization for all relevant information, support and understanding. ”

Families Need Fathers Testimonials - What Our Service Users Say

” I don’t know how I would have coped without the Shared Parenting knowledge and empowerment from the peer support of FNF. Women are welcome in most settings. ”

Families Need Fathers Testimonials - What Our Service Users Say

” FNF taught me about the realities of the UK Family Court system at a time when I was very vulnerable and in need of guidance. Their ‘Surviving Separation’ course is excellent. ”

Families Need Fathers Testimonials - What Our Service Users Say

” The only charity to support any parent or grandparent to regain contact with their child or children, I regularly attend the Manchester group once a month to provide support. ”

Families Need Fathers Testimonials - What Our Service Users Say

” Without this group I would have been lost. I am the grandmother of a son who had his children taken away by the mother and false allegations submitted to ensure no contact. It has been heart breaking but reading the stories, being part of a community and having access to meetings gives information, advice and the hope and knowledge that it can change. I will keep supporting my son and grandchildren so they are together in the future. ”

Families Need Fathers Testimonials - What Our Service Users Say

” Families Need Fathers is an inclusive organisation that supports mothers, fathers, and ultimately children. I have personally found their support to be invaluable and truly believe it has saved my life and helped me become a stronger, resilient, and positive human being, father, and husband. They have educated and coached with my own personal development, positive co-parenting, positive parenting, and Family Court and the legal/court process. In that order. The peer-to-peer support is unmatched…I’ve never experienced a more active and supportive group of individuals brought together by a single goal – Happy Families! ”

Families Need Fathers Testimonials - What Our Service Users Say