Application to vary, extend or discharge a non-molestation or occupation order


Published by a ³ÉÈËÓ°Òô Family expert
Practice notes
COVID-19

Application to vary, extend or discharge a non-molestation or occupation order


Published by a ³ÉÈËÓ°Òô Family expert

Practice notes
COVID-19
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Under the Family Law Act 1996 (FLA 1996)Pt IV, a non-molestation order is an order prohibiting a person (the respondent) from molesting another person who is associated with the respondent or a relevant child. See Practice Notes: Non-molestation orders and Procedure for an application for a non-molestation order.

An occupation order is an order under the FLA 1996 conferring, declaring, restricting or regulating rights of occupation in the family home between parties who are in, or who have been in, certain categories of relationship. See Practice Notes: Occupation orders and Procedure for an application for an occupation order.

Where an applicant wishes to obtain a variation or extension of the terms of an existing non-molestation and/or occupation order, including any power of arrest attached to an occupation order, or a respondent to such an existing order wishes to persuade the court to vary or discharge the order, breach of which is contempt, an application can be made under FLA 1996, s 49.

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An application to vary, extend or discharge a

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Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the cpr provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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