Which Part of the Family Law Act should you apply under?
If you are, by definition, an associated person, you must also satisfy other criteria found in various sections of the Family Law Act in order to apply for an occupation order:
Section 33 – If you are entitled to occupy the property by virtue of a beneficial estate or interest or contract, or by virtue of any enactment giving you the right to remain in occupation. You are also eligible to apply under this section if you have home rights in relation to the property. For example, you can apply if you are the sole or joint owner, or the tenant or joint tenant of the property.
Section 35 - If you are a former spouse or former civil partner with no existing right to occupy the property.
Section 36 - If you are a cohabitant or former cohabitant with no existing right to occupy the property.
Section 37 - If neither you nor your spouse or civil partner is entitled to occupy the property, you can apply under Section 37.
Section 38 - If neither you nor your cohabitant or former cohabitant is entitled to occupy the property.
If you satisfy one or more of the above criteria and apply for an occupation order, the court must apply two tests before it makes a decision about whether to grant the order.