Without notice applications under FLA 1996 (DS v AC)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?

Article summary

Family analysis: The court was concerned with an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996) made on a without notice basis. The district judge at first instance had refused to grant the order without notice to the respondent and listed the matter for a return hearing, which the applicant did not attend and so the application was dismissed. The applicant thereafter contacted the court to ask that the application be re-instated. Mrs Justice Lieven, on hearing that application, provided guidance on the approach to without notice applications under FLA 1996 and the type of behaviour that may be considered sufficient to justify the intervention of the court. Aimee Jones, chartered legal executive at Sternberg Reed LLP, examines the issues.