Non-molestation: a definition for 2018?

The most recent definition is attempted by a practice direction – ‘domestic abuse’ in PD12J, para 4 (considered later); and this in a practice direction which only applies in children proceedings. Help is at hand from the Court of Appeal; and, as so often, from a judgment of Lord Justice McFarlane. In Re T (A Child) (Non-molestation Order) [2017] EWCA Civ 1889, the court considered the question of a definition of ‘molestation’ (the term used in the Family Law Act 1996 (FLA 1996), s 42). They pointed out – and without any reference to PD12J – that the law (statute and the Court of Appeal) has ‘consistently avoided giving a precise definition’ to ‘molestation’ (see [24]; but see Davis v Johnson (below)).

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