Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Meta Title :Practice Guidance: Family Court – Duration of Ex Parte (Without Notice) Orders
Meta Keywords :non-molestation, ex parte orders, without notice orders
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Oct 13, 2014, 08:14 AM
Article ID :107387
The President of the Family Division Sir James Munby has released Practice Guidance today relating to the duration of ex parte (without notice) orders.
Concerns were raised by the Magistrates’ Association and the National Bench Chairs’ Forum about the duration of ex parte non-molestation orders, in particular where such an order was granted for an unlimited time.
The President has confirmed within the guidance that the practice of granting any ex parte injunctive order in the Family Court or by the Family Division for an unlimited time must stop; there must be a fixed end date.
The guidance examines the case-law and relevant principles and suggests a form of order to be used in compliance with the guidance.