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

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

Author: Stephanie Coker
Publisher: Law Brief Publishing
ISBN: 9781914608933
Published In: March 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 559.86

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Description
Contents

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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 management these cases in light of the court’s 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.

Chapter One – Defining Molestation

Chapter Two – General Principles regarding Non-Molestation Orders

Chapter Three – The criteria for Non-Molestation Orders

Chapter Four – General Principles regarding Occupation Orders

Chapter Five – Types of Occupation Orders

Chapter Six – Other Options Available to the Court

Chapter Seven – Injunctions against individuals less than aged 18 and vulnerable parties

Chapter Eight – Practical considerations in making and defending applications (including when in parallel Children Act proceedings)