What is a Non-Molestation Order?

Non-molestation orders are intended to safeguard victims from harm, intimidation, or harassment. They prevent the respondent from:

• Using or threatening violence

• Harassing, pestering, or intimidating the applicant

• Contacting the applicant directly or indirectly

• Approaching the applicant’s home or workplace

Who Can Apply?

Applicants must have a qualifying relationship with the respondent, such as:

• Current or former spouses or partners

• People who have lived together in an intimate relationship

• Family members (parents, siblings, children)

• Those sharing parental responsibility for a child

How to Apply

Applications are made under Part 10 of the Family Law Act 1996.

• Without Notice Applications (Ex Parte): Used in urgent situations where immediate protection is needed.

• With Notice Applications: The respondent is notified and given a chance to respond.

Criteria for Granting an Order

The court considers the health, safety, and wellbeing of the applicant and children. There doesn’t need to be proven violence, but the applicant must show a risk of harm or distress from the respondent.

Breach of a Non-Molestation Order

Breaching a non-molestation order is a criminal offense. Consequences can include:

• Arrest without a warrant

• Criminal charges with fines or imprisonment (up to 5 years)

• Civil contempt proceedings in family court

Evidence Considered

Evidence may include:

• Witness statements and testimony

• Police reports or medical records

• Threatening messages, emails, or letters

Duration and Modifications

Non-molestation orders are usually granted for a fixed period (e.g., 6–12 months) but can be extended. The respondent may also apply to vary or discharge the order if circumstances change.

Interaction with Other Orders

These orders often overlap with other family court proceedings, such as child arrangement orders or occupation orders, especially in domestic abuse cases.

Key Points for Respondents

Respondents must comply fully with the order to avoid criminal penalties. They also have the right to challenge an order made without notice at a return hearing.

Understanding non-molestation orders is vital for both applicants and respondents to ensure protection, compliance, and fair legal proceedings.

Please note: This information is for educational purposes only and is not legal advice. Always consult a qualified legal professional for guidance regarding your case.

Private children matters arise when parents or guardians cannot agree on important issues such as where a child should live, how much time they spend with each parent, or who should make key decisions about their upbringing. These disputes can occur following divorce or separation, but they are just as common between unmarried parents. Because these cases directly affect a child’s wellbeing, they often involve strong emotions and difficult conversations.

The court’s primary concern in all private children matters is the welfare of the child. Judges consider a wide range of factors, including the child’s age, emotional and physical needs, education, and the ability of each parent to provide a safe and supportive environment. In some cases, the court may appoint a children’s guardian or representative to independently assess the child’s circumstances and ensure their voice is heard during the process.

Not all private children matters need to be resolved in court. Many parents are able to reach agreements through negotiation or mediation, which can be less expensive, quicker, and far less stressful for everyone involved. However, where agreement cannot be reached, court proceedings may be necessary. These cases can take time and may involve expert evidence from professionals such as social workers or psychologists.

Private children matters can feel daunting, but early advice and the right support can make a significant difference. Every family’s situation is unique, and achieving the best outcome often depends on clear guidance and a child-focused approach.

Types of Private Law Children Hearings in the County Court

1. Child Arrangements Orders (CAOs)
   Child Arrangements Orders determine where a child will live (residence), how often they spend time with each parent (contact), and other aspects of their daily life. These are the most common type of private law orders.

2. Specific Issue Orders
   Specific Issue Orders are used when parents disagree on a particular decision affecting their child. Examples include disputes over which school a child should attend, medical treatment, or other important welfare decisions.

3. Prohibited Steps Orders
   Prohibited Steps Orders prevent a parent or guardian from taking a particular action, such as removing the child from the country or changing their name, without the court’s permission.

4. Parental Responsibility Disputes
   These hearings resolve disagreements about who has parental responsibility or whether an individual should be granted parental responsibility for a child.

5. Applications for Contact or Residence
   Parents or other individuals with a legitimate interest in a child’s welfare can apply for orders to determine where the child lives or how often they see the other parent.

Where Are These Cases Heard?

Most private law children matters are heard in the County Court, often by a District Judge sitting in the Family Court division. In some areas, specialized Family Court divisions may handle cases. While County Courts manage the majority of private law disputes, more complex cases, or those involving potential risks to the child, may be escalated to the High Court. These are typically public law proceedings rather than private disputes between parents.

Conclusion

Private law children hearings in the County Court are designed to protect the child’s welfare and ensure that disputes between parents or guardians are resolved fairly. Understanding the types of orders and the court process can help parents prepare and make informed decisions about their child’s care.