Application to vary, extend or discharge a non-molestation or occupation order
Application to vary, extend or discharge a non-molestation or occupation order

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Application to vary, extend or discharge a non-molestation or occupation order
  • Applicants
  • Application
  • Service of application
  • Hearing

Under the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from molesting another person who is associated with the respondent or a relevant child. See Practice Notes: Non-molestation orders and Procedure for an application for a non-molestation order.

An occupation order is an order under the FLA 1996 conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship. See Practice Notes: Occupation orders and Procedure for an application for an occupation order.

Where an applicant wishes to obtain a variation or extension of the terms of an existing non-molestation and/or occupation order, including any power of arrest attached to an occupation order, or a respondent to such an existing order wishes to persuade the court to vary or discharge the order, breach of which is contempt, an application can be made under FLA 1996, s 49.

Applicants

An application to vary, extend or discharge a non-molestation order and/or occupation order may be made by:

  1. the applicant for the existing non-molestation and/or occupation order, or

  2. the respondent against whom the order was granted

In the event that the court made a non-molestation order of its own motion under FLA 1996, s 42(2)(b) the order may be varied or