Q&As

In proceedings under the Family Law Act 1996 (FLA 1996), findings were made that could affect a party's capacity to continue their professional career. Does that party have a duty to self-report the findings? Is evidence given in FLA 1996 proceedings confidential and if the other party disclosed a copy of the order with the findings to the relevant professional body, what would be the consequences for the disclosing party?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 11/08/2020

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In proceedings under the Family Law Act 1996 (FLA 1996), findings were made that could affect a party's capacity to continue their professional career. Does that party have a duty to self-report the findings? Is evidence given in FLA 1996 proceedings confidential and if the other party disclosed a copy of the order with the findings to the relevant professional body, what would be the consequences for the disclosing party?

By virtue of Part IV of the Family Law Act 1996 (FLA 1996), the court has the power to make a non-molestation order and/or an occupation order. The former ordinarily prohibits a person from using or threatening violence, damaging property and/or sending offensive messages, among other things, but can be drawn widely to include, for example, a zonal exclusion. Breach of the terms of a non-molestation order is a criminal offence. By an occupation order, the court can control the occupation of a property, and can attach a power of arrest to such an order. Such orders ordinarily arise in the domestic, family context, and the category of persons who can obtain them and who they can be obtained against is set out in FLA 1996,

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