Non-molestation orders under FLA 1996: applications, without notice, service, drafting, undertakings and enforcement incorporating 2026 President’s and FJC guidance (England and Wales)

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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). It outlines eligibility, the court’s criteria, and the obligations regarding without notice (ex parte) applications, service, undertakings, and the attachment of a power of arrest...

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Web page updated on 20/05/2026

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