Log on
Browse content

Omnibus non-molestation and occupation orders out for consultation

Legal Materials Copyright Statement & Disclaimer

Comments required by 10 November

  • Mr Justice Mostyn has released a set of non-molestation and occupation orders for consultation. The release is in the wake of the President's Practice Guidance: Family Court – Duration of Ex Parte (Without Notice) Orders issued on 12 October.

    He uses the opportunity to emphasise the purposes of these orders:

    "I emphasise that consistently with para 79 of the Report of the Financial Remedies Working Group of 31 July 2014 it is intended that these orders, once adopted, will have the status of forms within Part 5 of the FPR 2010. Therefore, by virtue of FPR, rule 5.1(2) these orders may be varied by the court or a party if the variation is required by the circumstances of a particular case. The circumstances when a variation is acceptable are undoubtedly numerous and departure from the standard form will not prevent an order being valid and binding; but the standard forms should represent the starting point, and usually the finishing point of the drafting exercise."

    You can download the orders from the MoJ website.

    Any Comments should be sent to Joanna Wilkinson (Joanna.wilkinson@judiciary.gsi.gov.uk) by 10 November 2014.


Published: 16/10/2014

Bookmark this item




Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.