header-logo header-logo

In praise of a composite non-mol

09 September 2016
Issue: 7713 / Categories: Case law , Judicial line , In Court
printer mail-detail

Should an applicant under the Family Law Act 1996 be seeking a non-molestation order and an occupation order for the respondent’s exclusion from the applicant’s home or a defined zone, is it not more satisfactory for the latter relief to be ordered as part of the non-molestation rather than as a separate occupation order? Also, if the respondent’s ouster is not being sought, is it not the better practice on a without notice hearing to run whatever order is made for the full period which is appropriate rather than list for reconsideration, and leave it to the respondent to apply to set aside, discharge or vary if so inclined? 

We agree that it will generally be more satisfactory for exclusion to be dealt with as part of the non-molestation order. The practice of leaving it to the respondent to apply to disturb an order made without notice to them does not find favour with many judges. On the other hand, provided that the respondent’s Art 6 rights are properly protected by information to them on the mechanics for obtaining a hearing, some

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll