Professional Support When Serving an Occupation Order
Assist Process Serving helps clients arrange service of Occupation Orders throughout England and Wales. We support solicitors, legal professionals, support organisations and individuals who need court papers delivered properly and within a required timescale. Occupation Orders can concern someone’s ability to live in, return to or enter a home. These cases may involve urgent or difficult circumstances, so each instruction is treated with discretion, care and clear communication.
An Occupation Order is a family court order made under Part 4 of the Family Law Act 1996. Depending on the circumstances and the terms made by the court, it can regulate who may live in a property, return to it or enter it. It may also set limits on the areas of a home a person may use.
Understanding Occupation Orders
The person applying for the order is generally called the applicant. The person the order is made against is known as the respondent.
Occupation Orders are not all the same. Before arranging service, check the sealed order, accompanying documents and any court directions to confirm what needs to be served and by when.
For certain applications under sections 33, 35 or 36 of the Family Law Act 1996, the rules also require the applicant to serve the mortgagee and any landlord of the property with a copy of the application and notice of their right to make representations.
Assist Process Serving does not give legal advice. For advice about an application, property rights, an order’s terms or your wider circumstances, please contact a solicitor, the court or an appropriate support organisation.
Arranging Service After an Order Is Made
An Occupation Order may be made after notice has been given to the respondent or without notice, depending on the circumstances and the court’s decision.
Where an order has been made without notice, the respondent will generally need to receive:
- 01.
A copy of the sealed Occupation Order
- 02.
A copy of the application
- 03.
Any supporting witness statement
- 04.
Where the order was made by lay justices, a copy of the court’s written reasons
Discreet and Practical Process Serving
Assist Process Serving arranges Occupation Order service through an established network of process servers across England and Wales. Our service includes:
- 01
Personal service instructions nationwide
- 02
Standard, priority and same-day first-attempt options
- 03
A considerate approach to sensitive family matters
- 04
Updates for the instructing party where appropriate
- 05
A statement of service after successful service
- 06
Electronic service where this is applicable and authorised
What to Send When Instructing Us
Complete instructions help the team assess your request promptly and arrange the appropriate service. Please provide:
- 01.
A sealed copy of the Occupation Order
- 02.
The application and any supporting documents, where relevant
- 03.
Any hearing notice, additional order or court direction
- 04.
The respondent’s full name, date of birth if known and a recent photograph where available
- 05.
The address for service, together with alternative addresses where relevant
- 06.
Details of any landlord, mortgagee or other party that the court has directed should receive documents
- 07.
The deadline for service
- 08.
Relevant access information, known routines or safety considerations
- 09.
Your case reference and preferred contact details
Statement of Service and Relevant Documentation
When service has been completed, Assist Process Serving supplies a statement of service.
This document records the relevant service details for the instructing party and may be used to support filing requirements or subsequent court proceedings. The evidence required will depend on the papers served and any directions made in the case.
HM Courts and Tribunals Service publishes Form FL415, which is used to give the court details of how and when papers under the Family Law Act 1996 were served, and who received them. The form includes Occupation Orders.
Occupation Order Process Serving Costs
Standard Service
Professional process serving adhering to standard court and statutory schedules.
- Up to three attempts at personal service
- Electronic service where applicable
- Statement of service included
Priority Service
Accelerated instruction handling for time-sensitive filings and legal notices.
- First attempt within 24 hours
- Up to three attempts at personal service
- Electronic service where applicable
- Statement of service included
Same-Day Service
Immediate dispatch for critical court claims, emergency injunctions, and petitions.
- Same-day first attempt
- Up to three attempts at personal service
- Electronic service where applicable
- Statement of service included
The appropriate service option will depend on the deadline, time the instruction is received, service address and circumstances. For urgent instructions, please tell us the exact date and time by which service is required. A cancellation charge of £50 + VAT applies if papers have already been printed. The full fee applies if the process server is already travelling to the service address when cancellation is requested.
Serving Occupation Orders Nationwide
Assist Process Serving accepts instructions for serving an Occupation Order throughout England and Wales. Our nationwide network supports cases in London, Birmingham, Kent, Essex, Merseyside, South Wales, the West Midlands and selected LL postcode areas, as well as other locations across England and Wales.
Find out more about local process serving support:
- Can you provide legal advice about my Occupation Order?
No. Assist Process Serving arranges document service and does not provide legal advice. Please contact your solicitor, the court or an appropriate specialist organisation if you need advice about the order or your circumstances.
- Can you help if I do not know where the respondent is?
Trace enquiries may be available at an additional cost where a service address is unknown, incomplete or out of date. Any result depends on the information available, so a successful trace cannot be guaranteed.
- Will I receive proof that the order has been served?
Yes. A statement of service is provided after service has taken place. Form FL415 may be relevant where papers have been served in proceedings under the Family Law Act 1996.
- Can you serve an Occupation Order the same day?
Yes. Same-day service includes a same-day first attempt. This depends on the time we receive your papers, the service location, the deadline and the circumstances of the instruction.
- What documents do I need to provide for service?
Please provide the sealed Occupation Order, relevant application papers, supporting documents, hearing notices, court directions and the respondent’s service details. If a landlord or mortgagee must receive documents, include their details and the relevant papers.
- Does an Occupation Order need to be personally served?
Personal service is usually required. The Family Procedure Rules require the applicant to personally serve the respondent as soon as reasonably practicable, subject to specific exceptions or an order permitting another approach.
- Who can serve an Occupation Order?
An individual applicant must not personally serve the application or order on the respondent. An applicant acting without a solicitor can ask the court officer to arrange service. A solicitor or another suitable third party may arrange service in accordance with the court’s directions.
Need Help Serving an Occupation Order?
If you need help serving an Occupation Order, send us the sealed order, related court papers, the respondent’s service address and the deadline. Our team will review the information and explain the available next steps.
Please include:
- 01The sealed order and associated court documents
- 02The respondent’s name and address for service
- 03Alternative addresses or location information, where available
- 04The required service date and time
- 05Any court directions, landlord or mortgagee details and relevant safety information
