Q&As

Can the court, within care proceedings, make a non-molestation order of its own motion that prevents a parent from entering the family home?

Produced in partnership with Melissa Harrison of Coram Chambers

Published on: 30 October 2020

Section 42(2)(b) of the Family Law Act 1996 (FLA 1996) provides the court with the power to make a non-molestation order of its own motion in any family proceedings. Family proceedings are defined in FLA 1996, s 63(1). The test is two-fold. Firstly, the person(s) to be protected by the order must either be 'associated' with the potential respondent or be a 'relevant child' (FLA 1996, s 42(2)(a)).

FLA 1996, s 62(3)(d) defines ten forms of connections that fall within the definition of 'associated' for the purposes of FLA 1996. Notably, this includes relatives, which is given a broad enough definition so as to encompass maternal and external family irrespective of marriage. FLA 1996, s 62(2) broadly defines 'relevant child' so as to incorporate any child whose interests the court considers to be relevant.

Having been satisfied that the person in whose favour the order is to be made is either 'associated' or a 'relevant

Melissa Harrison

Coram Chambers

Melissa is a family law specialist, highly experienced in all areas of child and family law. Her areas of expertise include public and private law applications under the Children Act 1989; securing injunctive relief under the Family Law Act 1996 including in the area of Forced Marriage; Court of Protection matters and; applications under the Matrimonial Causes Act 1973. Melissa has considerable experience in working with cases involving domestic violence. She is noted by instructing solicitors as having a professional and personable approach. Her commitment to client care ensures that professional and lay clients alike are provided with support, advice and attention at every stage of the case. She has a meticulous and rigorous approach to preparation in every case resulting in all clients receiving a consistently high level of service and representation. She is highly skilled at handling sensitive cases, particularly when dealing with vulnerable clients, including those with learning difficulties, mental illness, addictions, personality disorders and those for whom English is not their first language.