A Practical Guide to Non-Molestation Orders and Occupation Orders in Family Proceedings

Molestation can have detrimental impacts on an individual’s health, safety, and wellbeing. In such instances, parties may consider it necessary to seek the court’s intervention by way of a non-molestation order and occupation order to keep them and any relevant children safe. This book provides a practical guide to non-molestation orders and occupation orders in family law proceedings. The text seeks to provide guidance on the general principles, practice, and procedure for family law practitioners and litigants who may find themselves making or resisting an application for non-molestation and occupation orders.

The book considers the courts’ general approach to the making of non-molestation orders and occupation orders, predominately in Family Law Act proceedings. It is acknowledged that these orders may also be sought in parallel Children Act proceedings. Whilst Children Act proceedings are not the focus of this book, it provides an insight into how to case manage these cases in light of the courts’ application of Practice Direction 12J of the Family Procedure Rules 2010.

Crucially, this provides a helpful toolkit for practitioners based on judicial commentary from judgments as to how to practically manage applications for non-molestation orders and occupation orders. It also looks at the options available to the court to dispose of these applications, such as undertakings.

ABOUT THE AUTHOR

Dr Stephanie Coker is a barrister at FOURTEEN, a leading Family Law Chambers in London. She has a private family practice dealing with financial remedies following the breakdown of a marriage, as well as unmarried couples. She also advises on complex domestic and international private children matters and civil remedies following domestic abuse. She was called to the Bar in 2015 (Inner Temple). Stephanie undertook her PhD in the area of family law. Alongside practice, she has taught family law, property law and foundations of property at the University of Kent.

CONTENTS

Chapter One - Non-Molestation Orders

Chapter Two - Non-Molestation Orders Against Minors and Those Lacking Capacity

Chapter Three - Occupation Orders

Chapter Four - Without Notice (Ex Parte) Applications

Chapter Five - Undertakings

Chapter Six - Procedural Guidance: Applications for Non-Molestation Orders and Occupation Orders

Concluding Remarks