header-logo header-logo

Strict criteria for non-molestation orders

04 April 2023
Issue: 8020 / Categories: Legal News , Family , Procedure & practice
printer mail-detail
A family court judge has issued a reminder about the basic principles of non-molestation orders, following a surge in applications.

While there was ‘nothing unusual’ about the case, DS v AC [2023] EWFC 46, Mrs Justice Lieven noted ‘a significant growth in the number of such applications during the pandemic, and in many parts of the country that increased number has not fallen back to pre-pandemic levels.

‘A large proportion of the applications are made without notice (ex parte) and it may be useful for practitioners to be reminded of the very strict criteria for the making of such orders ex parte’.

Lieven J set out seven principles from the Family Law Act 1996 and caselaw, including that the court must consider whether there is a ‘risk of significant harm if the order is not granted immediately’, and that a without notice order should only be made in ‘exceptional circumstances’.

She said the supporting statement must ‘expressly’ explain why the case is exceptional and the alleged ‘significant risk’. 

Issue: 8020 / Categories: Legal News , Family , Procedure & practice
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll