header-logo header-logo

27 November 2014 / Clive Thomas
Issue: 7632 / Categories: Features , Family
printer mail-detail

Setting limits

thomas

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:

  1. 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;
  2. it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately; and
  3. 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

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll