For Consultation: Family Court Orders

|Consultation|Family

Omnibuses For Non-Molestation And Occupation Orders

1. Following the issue today by the President of the Practice Guidance: Family Court – Duration of Ex Parte (Without Notice) Orders I release for comment the omnibuses for Non-Molestation and Occupation orders prepared by the Family Orders Project team.

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

3. 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.

Nicholas Mostyn
13 October 2014