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 practice note provides comprehensive and up to date legal information covering:

  • Application to vary, extend or discharge a non-molestation or occupation order
  • Applicants
  • Vulnerable parties
  • Funding—legal aid
  • Application
  • Service of application
  • Application made on notice
  • Without notice applications
  • Hearing
  • Costs

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

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

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