header-logo header-logo

02 October 2014
Issue: 7624 / Categories: Case law , Judicial line
printer mail-detail

Non-mol beneficiaries

A non-molestation order can be made which prohibits the respondent molesting an associated person or relevant child (Family Law Act 1996 (FLA 1996), s42). Does this mean that the order can restrain molestation of not just the applicant (or a relevant child) but other persons who are not parties to the application but are associated with the respondent? The list of associated persons is, of course, very wide.

The terms of s 42(1),(2)(a) of the FLA 1996 could be read as allowing the court, on an application by an associated person, to make an order for the benefit of a third party who is associated with the respondent. In our view, if an applicant seeks protection for another adult (eg a new cohabiting partner), the proper course for the court, if satisfied that an order should be made for the partner’s protection, would be to join them and make an order under s 42(2) (b); that person is then treated as an applicant by virtue of s 42(4B). The court should be slow to make an order protecting the non-applicant associated person without clear evidence that the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll