Occupation Orders Affect Child Custody Decisions
Changing employment or moving house can have an impact on custody decisions if existing orders are in place, especially if the new job brings with it significant changes in income. However, these kinds of changes are not the only ones that can trigger a review of child support payments, occupation orders or other family law related issues.
When deciding whether or not to grant an occupation order the court will use two tests; the balance of harm test and the core criteria test. The balance of harm test requires the courts to assess how much harm will be done to the applicant, their children and the respondent if an occupation orders is not granted. If the balance of harm is determined to be higher without an order then the court must make the order.
The core criteria test is a consideration of the rights and interests of all parties. This includes considering the housing needs and resources of the applicant and the respondent as well as any relevant children. It also considers the health, safety and well-being of all parties. The core criteria test is not a mandatory consideration for the Court to apply but may be used to assist them in reaching their decision.
An occupation order allows the court to decide who should live in a particular property and excludes the other person from living in or entering a particular area of the home or yard. It is often applied for by victims of domestic violence. The court can even attach a power of arrest to the order if it is breached.
How Do Occupation Orders Affect Child Custody Decisions?
Sometimes the application is made on an emergency basis if it is deemed that the applicant or a child is at immediate risk of harm. These are known as ‘without notice’ or ‘ex parte’ occupation orders. The other person will be served with a copy of the application and a hearing will be arranged for both to attend.
If the occupation order is granted the court will set a time period for which it is to remain in force; usually six months. It can then be extended if required. If it is breached by the respondent there are not usually criminal penalties unless there have been instances of domestic violence and there are powers of arrest attached to the order.
If you are experiencing a change in circumstances that is having an impact on your child custody or support arrangements you should seek legal advice. We can help you to assess the impact and work with you to find a solution. Call us today or contact us online. Our experienced team is on hand to help.
The Geneva Conventions, particularly the Fourth Geneva Convention of 1949, further expanded the rules governing occupation. The Fourth Convention focused on the protection of civilian persons in time of war, and it placed strict limits on the actions of occupying powers to prevent human rights abuses. Occupation orders derived from these conventions helped regulate the administration of occupied territories, ensuring that civilians were not subjected to violence, forced labor, or exploitation.