Q&As

Where a respondent failed to attend a return hearing for an enforceable non-molestation order originally made without notice, do they need to be served with the final order for the non-molestation order to continue?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 21 October 2020
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Family Procedure Rules 2010, SI 2010/2955, 10.6(1) (FPR 2010) provides that in relation to applications made under Part IV of the Family Law Act 1996 (FLA 1996), the applicant must, as soon as reasonably practicable, serve the respondent personally with a copy of the order and, where the order is made without notice, a copy of the application together with any statement supporting it. Where an order is made by lay justices, a copy of the written record of the court’s decision must also be served personally. A non-molestation order made under FLA 1996, Pt IV will not be enforceable unless it can be shown that the respondent is aware of the order, so it is essential

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Respondent definition
What does Respondent mean?

The term used to describe the 'Defendant' in adjudication.

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