Family Law

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.

Click here to view the guidance.