Q&As

Can an applicant for an order under the Family Law Act 1996 release a copy of a statement they have made in those proceedings to the police for the purpose of a criminal investigation concerning the respondent or is the courts permission required in order to release the statement?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 27 October 2017
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It is sadly frequently the case that an overlap exists between family and criminal proceedings. Given the increasing specialisation of the legal profession this will often mean that separate teams of lawyers are involved in each aspect, with different court jurisdictions being involved. It is also often the case that evidence prepared for non-molestation proceedings may be of use to the police in investigating a criminal offence. However it is important before disclosing information prepared for the purposes of an application before the Family Court to the police for the purpose of criminal proceedings or investigation to consider whether this is permissible.

Applications under the Family Law Act 1996 (FLA 1996) are governed by Part 10 of the family procedure rules 2010 (FPR 2010),

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Molestation definition
What does Molestation mean?

Molestation involves any form of physical, sexual or psychological molestation or harassment that has a serious impact on the health and well-being of the applicant. Violence is not a prerequisite. A positive intent to molest does not need to be established nor does there need to be some direct interaction between the respondent and the applicant or child. It is sufficient if the conduct is deliberate and that it has the consequence of causing or being likely to cause distress or harassment to the applicant or a child.

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