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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll