Q&As

If a respondent to an application for a non-molestation order is out of the country on the date listed for a return date, what is the correct procedure to apply for an adjournment? Does it have to be a formal application or would a letter to the court suffice?

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Produced in partnership with Ruth Cabeza of Harcourt Chambers
Published on LexisPSL on 21/03/2017

The following Family Q&A produced in partnership with Ruth Cabeza of Harcourt Chambers provides comprehensive and up to date legal information covering:

  • If a respondent to an application for a non-molestation order is out of the country on the date listed for a return date, what is the correct procedure to apply for an adjournment? Does it have to be a formal application or would a letter to the court suffice?

Non-molestation orders are made under section 42 of the Family Law Act 1996 (FLA 1996) and the rules governing the court process are contained in Part 10 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, Pt 10). There is no provision in FPR 2010, SI 2010/2955, Pt 10 that deals with applications to the court to adjourn hearings. Accordingly, the application would be made under FPR 2010, SI 2010/2955, Pt 18 which is the default procedure for applications within proceedings under the rules. An application made under FPR 2010, SI 2010/2955, Pt 18 in connection with proceedings under FPR 2010, SI 2010/2955, Pt 10 should be made on For

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