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
.tmb-mov69x69.jpg?sfvrsn=28793f10_1)
