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The Family Homes and Domestic Violence (Northern Ireland) Order 1998


This is the original version (as it was originally made).

Ex parte orders

23.—(1) The court may, in any case where it considers that it is just and convenient to do so, make an occupation order or a non-molestation order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.

(2) In determining whether to exercise its powers under paragraph (1), the court shall have regard to all the circumstances including—

(a)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,

(b)whether it is likely that the applicant will be deterred or prevented from pursuing the application if an order is not made immediately, and

(c)whether 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—

(i)where the court is a court of summary jurisdiction, in effecting service of proceedings, or

(ii)in any other case, in effecting substituted service.

(3) If the court makes an order by virtue of paragraph (1), it shall afford the respondent an opportunity to make representations relating to the order as soon as just and convenient at a full hearing.

(4) If, at a full hearing, the court makes an occupation order (“the full order”), then for the purposes of calculating the maximum period for which the full order may be made to have effect, the relevant Article shall apply as if the period for which the full order will have effect began on the date on which the initial order first had effect.

(5) In this Article—

“full hearing” means a hearing of which notice has been given to all the parties in accordance with rules of court;

“initial order” means an occupation order made by virtue of paragraph (1); and

“relevant Article” means Article 11(10), 13(10), 14(10), 15(6) or 16(6).

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