Domestic abuse

Domestic abuse

In cases where there have been incidents of domestic abuse it may be appropriate to seek the court's protection with an application for a non-molestation order and/or an occupation order under the Family Law Act 1996 (FLA 1996).

Under FLA 1996 the court also has the power to make a non-molestation order even where no application has been made, where, in other family proceedings to which the respondent is a party, it considers the order should be made for the benefit of any other party to the proceedings or any relevant child.

Applications for non-molestation orders and occupation orders are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10 and the supporting practice direction, FPR 2010, PD 10A.

Non-molestation orders

A non-molestation order confers protection on family members, including children or people in a domestic relationship, against the use of violence or other forms of molestation by a person with whom they are associated. There are eight classes of applicants who are associated persons, including married or divorced couples, civil partners and engaged or formerly engaged couples.

There

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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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