Molestation meaning

STOP PRESS : Note that the President of the Family Division, Sir Andrew McFarlane, has introduced fresh guidance coming into force on 12 January 2026: President of the Family Division’s Guidance 2026 Non-Molestation Orders under the Family Law Act 1996 (FLA 1996). It supersedes the Practice Guidance on non-molestation injunctions under FLA 1996 dated 14 July 2023, and features two annexes, a revised template for a non-molestation order pursuant to FLA 1996, s 42, together with Form FL435 (Response to a non-molestation order). In parallel, the Family Justice Council has published Family Justice Council Best Practice Guidance for Practitioners on Making an application for a Protective Injunction under the Family Law Act 1996, incorporating a Model Witness Statement with guidance notes at Annex 1. This Procedural Guide is in the process of being updated to mirror these impending changes. See: LNB News 18/12/2025 3. The Procedural Guide explains the steps for making an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996)....

In this issue: Practice and procedure Relationship breakdown Financial provision Private children Public children International children Enforcement Daily and weekly news alerts Updated content Useful information Practice and procedure Family Procedure Rule Committee meeting minutes The Family Procedure Rule Committee has published the official minutes of its meeting held on 9 December 2024. Arbitration Bill approved and now pending Royal Assent The UK Parliament has completed its consideration of the Arbitration Bill in full. Scrutiny by the committee of the whole House of Commons resulted in no amendments whatsoever. Thereafter, the Bill received its third reading and passed without alteration. The Arbitration Bill now formally awaits Royal Assent. See: LNB News 12/02/2025 46. Relationship breakdown Existence of a marriage (Ms Z v Mr Z) In Ms Z v Mr Z [2025] EWHC 276 (Fam), the parties were married in accordance with Islamic customs on 4 August 1999. They...

In this issue: Practice and procedure Relationship breakdown Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure Family Justice Council Bridget Lindley memorial lecture HHJ Khatun Sapnara will deliver the Bridget Lindley memorial lecture on 12 March 2025. This online lecture forms part of the Family Justice Council’s annual interdisciplinary conference, taking place in Birmingham. The theme this year is ‘Diversity and Inclusion in the Family Justice System: Promoting Best Practice in Decision Making’... Relationship breakdown HMCTS adds ability for a solicitor to remove themselves as representing a party in divorce applications HM Courts and Tribunals Service has enabled MyHMCTS to let a solicitor end their representation in divorce matters. Choose ‘stop representing client’ from the next step drop-down to use the feature, which launched on 10 February 2025. Proceed with care: once submitted, access ends immediately and the case...

In this issue: Practice and procedure Emergency procedures Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure Family Procedure Rules 2010 Practice Direction Update No 2 of 2025 The second Practice Direction Update to the Family Procedure Rules 2010 (FPR 2010) in 2025 has now been published. It revises FPR 2010, PD 36ZA and introduces a further Practice Direction, FPR 2010, PD 36ZI, which will take effect on 14 July 2025. The new Practice Direction, FPR 2010, PD 36ZI, augments FPR 2010, SI 2010/2955, r 36.2 (Transitional Arrangements and Pilot Schemes) to support a pilot for notifying the police whenever the court makes, varies, or extends a relevant non-molestation order. Under the pilot, notification to the police will be delivered by automated electronic means or by email once a relevant non-molestation order has been made. Consequential amendments to FPR 2010, PD 36ZA remove,...

Client guides Client guides comprise template letters covering a broad spectrum of family law matters, suitable for sending directly by the family practitioner to the client. Each guide also features drafting commentary for practitioners and hyperlinks to relevant connected materials, such as Practice Notes, forms, authorities, precedents and legislation. For procedural guides offering step-by-step direction on, inter alia, domestic abuse, asset preservation, relationship breakdown, cohabitants, private children, financial provision, international cases and enforcement, refer to Practice Note: Family procedural guides...

This Practice Note outlines how to apply for an occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It covers availability of legal aid and sets out the extra criteria for without notice applications, the requirements for service, and the position on undertakings and attaching a power of arrest. It also addresses how to draft the order, including use of Standard order 10.2—occupation order. Applications An occupation order under FLA 1996, Pt IV confers, declares, restricts, or regulates occupation rights in the family home between individuals who are, or have been, within specified relationship categories. Applications proceed in accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10, together with Practice Direction FPR 2010, PD 10A. Frequently, an occupation order application is issued alongside a non-molestation order application. A non-molestation order restrains the respondent from molesting an associated person and/or a relevant child. See Practice Note: Non-molestation orders. On 17 December 2025, the President of...

This Practice Note outlines the six criminal offences under the Protection from Harassment Act 1997 (PHA 1997), such as harassment, causing fear of violence and stalking. It highlights the criminal remedies open to those targeted, including restraining orders made under PHA 1997. It also reviews civil avenues, for example damages for distress, injunctions and exclusion zones. The Note explains the process under the Civil Procedure Rules 1998 (CPR), covering who may apply and the appropriate court. It includes guidance on breach of injunction, undertakings, warrants of arrest and the assessment of damages. Where clients cannot rely on the Family Law Act 1996 (FLA 1996) because they fail to meet the criteria or eligibility, or where compensation is pursued, relief may instead be available under PHA 1997. See Practice Note: Domestic violence non-molestation orders. However, if the victim and the harasser or molester are ‘associated persons’ within FLA 1996, s 62(3), the remedies in the 1996 Act are broader and potentially preferable. Any concurrent claims brought under PHA 1997 and FLA...

At the Family Court held at [ Court name ] Case No: [ Case number ] Non-Molestation Order The Family Law Act 1996 Full name(s) of the child(ren)Boy or girlDate(s) of birth [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] Before [ name of judge ], in private, on [ date ] at a [ type of hearing ] Important notice to the respondent, [ RESPONDENT NAME ] of [ RESPONDENT address ] You are required to comply with this order. Please read it thoroughly. If any part is unclear, seek advice from a solicitor, a Legal Advice Centre or the Citizens Advice Bureau. You have the right to ask the court to vary or discharge this order. Warning: without reasonable excuse, doing anything this order prohibits amounts to a criminal offence; on conviction you may be liable to imprisonment for a...

This overview offers general guidance on injunctions in the family courts to protect against domestic abuse. Your family lawyer can provide specific advice tailored to your situation. Family homes and domestic abuse If you are facing violence, threats or intimidation, you can apply to the family courts for an injunction to help protect you. There are two types of injunction: a non-molestation order, and an occupation order What is a non-molestation order? A non-molestation order restrains your partner or spouse from using or threatening violence against you or your children, or from intimidating, harassing or pestering you. It can include detailed provisions tailored to the particular behaviour affecting you. Who can apply? To seek a non-molestation order you must be an associated person, as defined in the relevant legislation. This includes current and former spouses, civil partners and cohabitants, as well as fiancé(e)s, relatives, people living in the same household, the parents of children in the home, and...

This response considers whether there is a fixed period that a relationship needs to have lasted in order to fall within the definition of a relationship of ‘significant duration’ under section 62(3) of the Family Law Act 1996 (FLA 1996). A court may issue a non-molestation order under FLA 1996, s 42 where an application is brought by a person ‘associated with the respondent’. Equally, in any family proceedings to which the respondent is a party, the court can decide that such an order should be made for the benefit of any other party to the case or any relevant child, despite no application having been submitted (FLA 1996, s 42(2)). For more detailed guidance, see Practice Note: Non-molestation orders. The phrase ‘associated persons’ is defined in FLA 1996, s 62(3)...