Protection, proportionality and process: understanding the 2026 Non-Molestation Guidance

Conor Hogan, Pupil Barrister, Deans Court Chambers

Effective from 12 January 2026, the President of the Family Division’s Guidance 2026: Non-Molestation Orders under the Family Law Act 1996 sits alongside the new Family Justice Council Best Practice Guidance for Practitioners. This replaces the previous Practice Guidance issued 14 July 2023.

This article situates the new guidance within the existing legal framework, demonstrating that it represents reform rather than wholesale change with a continued emphasis on proportionality, fairness and effective protective relief.

It focuses on the procedural changes introduced by the 2026 Guidance and explains how they build upon the themes identified in DS v AC and the earlier guidance discussed in Liam’s 2023 article (‘Applications for a Non-Molestation Order: DS v AC [2023] EWFC 46 (29 March 2023) and The Guidance’ – [2023] Fam Law 1325).

The article offers a practical framework for practitioners, considering how working practices may need to evolve at each stage of proceedings, from drafting and evidential preparation to proactive case management to meet the new procedural expectations.