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Family Law and Practice WS11 D2
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Family Law and Practice WS11 D2
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LEGAL PRACTICE COURSEFamily Law
Workshop 11 – d2e
Post-Session – Suggested Solution to Pre-Session Questions
__________________________________________________________________
Please answer the following questions before you attend Workshop 11.
1. What forms have to be completed and issued for an on notice non-
molestation order?
FL401 (application form), statement in support, FL402 (notice of proceedings),
FL415 (statement of service)
2. A young man attends the office alleging harassment by his mother and
younger brother. What initial question you would ask?
Confirm that the young man is 18 or over. If he is under 18 the application will need
to be made to the High Court not the County Court, if he is under 16 the High Court
will need to give leave to allow the child to commence proceedings.
3. The parties agree to an undertaking in respect of a non- molestation
application. Does the judge have to make a finding of fact and give
reasons?
No, but good practice would suggest that if violence had been alleged, the judge
should justify why an undertaking was sufficient having invited representations from
the parties and such justification should be recorded.
4. Would the position be any different if the parties asked for an agreed order
with a power of arrest attached?
Yes, reasons must be given when granting or refusing an application.
5. In an application for an occupation order who, in addition to the respondent
and court, should be served with documentation. Is there any additional
documentation which should be served?
The landlord or mortgage providers should be served, by first class post, with the
application on Form FL401 and a copy of Form FL416 informing him that he has the
right to make representations at the hearing.
6. A non-molestation order and occupation order with a power of arrest
attached has been granted at an on notice hearing. Which documents must
be served and who must be served with the documents?
The applicant’s solicitor is responsible for:
effecting personal service of the order on the respondent;
serving, by first class post, a copy of the order on the landlord or
mortgage provider; and
serving a copy of the power of arrest on the police station local to the
applicant’s address (NB: some courts undertake this, local practice should
always be checked).
© City, University of London 2019 1/1 docs_570226332.docx
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