Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 27/07/2017

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:

  • Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

A non-molestation order is a protective order made by the family court that prevents a party from molesting another person with whom they are associated. The power derives from section 42 of the Family Law Act 1996 (FLA 1996), which confers a wide discretion upon the court as to the terms of the order. The categories of persons who can obtain a non-molestation order (ie associated persons) are set out in the FLA 1996. See Practice Note: Non-molestation orders. FLA 1996, s 42A(1) makes it a criminal offence to do anything prohibited by a non-molestation order without reasonable excuse. Non-molestation orders should not (particularly when made ex parte) be granted for an unlimited time but should contain a fixed end date. The order must also fix a return day for the hearing to enable the court to consider the application on notice. For guidance on ex parte orders, see the Practice

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