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Family Law Act 1996

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This is the original version (as it was originally enacted).

Non-molestation orders

42Non-molestation orders

(1)In this Part a“non-molestation order” means an order containing either or both of the following provisions—

(a)provision prohibiting a person (“the respondent”) from molesting another person who is associated with the respondent;

(b)provision prohibiting the respondent from molesting a relevant child.

(2)The court may make a non-molestation order—

(a)if an application for the order has been made (whether in other family proceedings or without any other family proceedings being instituted) by a person who is associated with the respondent; or

(b)if in any family proceedings to which the respondent is a party the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child even though no such application has been made.

(3)In subsection (2)“family proceedings” includes proceedings in which the court has made an emergency protection order under section 44 of the [1989 c. 41.] Children Act 1989 which includes an exclusion requirement (as defined in section 44A(3) of that Act).

(4)Where an agreement to marry is terminated, no application under subsection (2)(a) may be made by virtue of section 62(3)(e) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.

(5)In deciding whether to exercise its powers under this section and, if so, in what manner, the court shall have regard to all the circumstances including the need to secure the health, safety and well-being—

(a)of the applicant or, in a case falling within subsection (2)(b), the person for whose benefit the order would be made; and

(b)of any relevant child.

(6)A non-molestation order may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.

(7)A non-molestation order may be made for a specified period or until further order.

(8)A non-molestation order which is made in other family proceedings ceases to have effect if those proceedings are withdrawn or dismissed.

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