New guidance has been issued on the use of ex parte orders, as Clive Thomas explains
In cases of domestic abuse the court, under Pt IV of the Family Law Act 1996 (FLA 1996), has the power to make occupation and non-molestation injunctions. Such orders can also be made ex parte should the court consider it “just and convenient to do so” (s 45). When determining whether or not to make an ex parte occupation or non-molestation order, the court is to have regard to all the circumstances, including whether:
- there is any risk of significant harm to the applicant or a relevant child, attributable to conduct of the respondent, if the order is not made immediately;
- it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately; and
- there is reason to believe that the respondent is aware of the proceedings but is deliberately evading service and that the applicant or a relevant child will be seriously prejudiced by the delay involved.
In addition, s 45(3) provides that “if the court makes
