Q&As

What is the authority for the Family Court to make a final non-molestation order without findings having been made regarding allegations of abuse and with no admissions from the respondent?

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Published on LexisPSL on 02/03/2021

The following Family Q&A provides comprehensive and up to date legal information covering:

  • What is the authority for the Family Court to make a final non-molestation order without findings having been made regarding allegations of abuse and with no admissions from the respondent?

Non-molestation orders are governed by section 42 of the Family Law Act 1996 (FLA 1996). A non-molestation order is an order containing a provision prohibiting a person from molesting another person who is associated with them and/or from molesting a relevant child. The court can make such an order on the application of an associated person whether or not in other family proceedings or in any family proceedings without an application if the court considers the order should be made for the benefit of any other party to the proceedings or a relevant child. By FLA 1996, s 42(5), the court, in deciding whether to exercise its powers and if so in what manner, shall have regard to all the circumstances including the need to secure the health, safety and well-being of the applicant and of any relevant child.

Applications for a non-molestation order are dealt with procedurally by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10 and FPR 2010, PD 10A. An application must be supported by a witne

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