Q&As

Where an undertaking given in proceedings under the Family Law Act 1996 provides for the respondent not to threaten or use violence, molest or otherwise interfere with the other party, would allegations the applicant considers to be unfounded that are made to the court and to the police amount to a breach of that undertaking?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 16/04/2019

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

  • Where an undertaking given in proceedings under the Family Law Act 1996 provides for the respondent not to threaten or use violence, molest or otherwise interfere with the other party, would allegations the applicant considers to be unfounded that are made to the court and to the police amount to a breach of that undertaking?

Where an undertaking given in proceedings under the Family Law Act 1996 provides for the respondent not to threaten or use violence, molest or otherwise interfere with the other party, would allegations the applicant considers to be unfounded that are made to the court and to the police amount to a breach of that undertaking?

The Family Law Act 1996 (FLA 1996) provides for the making of non-molestation orders under FLA 1996, s 42, but nowhere does it define what ‘molestation’ is. The term has been considered to be synonymous with ‘harassment’. In the case of In the matter of an application by Gloucestershire County Council for the committal to prison of Matthew

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