Family Law Act 1996 PDF

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Notes covering the topic of the Family Law Act 1996 - and its most important sections....

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Family Law Act 1996

Section 62(3) – Associated Persons*

Non-Molestation Orders

 The word molestation is not defined under the act, which means a large range of actions and acts can be addressed under said act.  Examples include violence, threats of violence, intimidation, etc.

Applicants

 Section 42(2)(a) – all “associated persons”.  Section 62(3) – definition of all “associated persons”.  Section 42(5) – stipulates the court must have all the circumstances of the case when deciding whether to make a non-molestation order. The applicant must provide proof of said molestation, and that there is a requirement for a court order.  Section 42(7) – states that duration of the order.

Occupation Orders

 Is not limited to domestic abuse.  The relevant provisions are detailed, so a copy of them is necessary when taking MCQs.

 Occupation orders relate to who occupies said property.  In order to be apply for an occupation order, one must be an associated persons, and whether the applicant has a relevant interest in the home.

Section 33 – Entitled Applicants

 Applicants include spouses/ civil partners, or associated persons with a right to occupy.  Considerations are factors that are taken into account by the court in deciding whether or not an order is to be granted.  Section 33(6) – Factors taken into account by the court.  Section 33(7) – Balance of harm/ significant harm test.  The court has to consider the effect on the applicants of not making an order, as well as the effects of the respondents by not making the order. The impact on both sides are to be balanced, in order to not likely cause significant harm to the child, whether it be emotional or physical harm.

B v. B (Occupation Order) [1999] 1 FLR 715:

A court which ordered a violent husband to vacate the family home to allow his wife and child to return erred in not allowing for the interests of children in the house through second relationship. These particular interests had to be given priority.

Section 35 – Non-entitled Applicants

 Former spouse/ civil partner.  Any order granted under s.35 must include an occupation provision, giving the applicant a right to occupy.  The order may also include an exclusionary provision.  Considerations: s.33(6) and s.35(6).  The significant harm test relates to any exclusionary provisions.  The duration of which relates to s.35(10).

Section 36 – Non-entitled applicants

 Includes cohabitants/ former cohabitants.  Respondent has right to occupy.  Considerations: s.33(6) and s.36(6).  The significant harm test relates to the exclusionary provision, however there is not duty to make an order.  The duration relates to s.36(10).

Section 37 – Non-entitled applicants

 Spouses/ former spouses/ civil partners/ former civil partners.  Where neither party has right to occupy.  Considerations include s.33(6) and s.33(7).  The duration relates to s.37(5).

Section 38 – Non-entitled applicants

 Cohabitants/ former cohabitants.  Where neither party has right to occupy.  Considerations include s.38(4) and s.38(5).  The duration relates to s.38(6).

Other sections to be aware of:

 S.40  S.45 (ex parte orders)  S.46 (undertakings)  S.42(A) & s.47 (enforcements and power of arrest)....