Non-molestation Orders
The question
To ask the Secretary of State for Justice, what plans the Family Procedure Rules Committee has to formalise as a Practice Direction the substance of the President of the Family Division's Guidance on Non-Molestation Orders under the Family Law Act 1996.
Answered by Catherine Atkinson
In his leadership capacity as the Head of Family Justice, the President of the Family Division regularly issues guidance aimed at judiciary and practitioners within the family justice system, in order to promote consistent and effective practice in family proceedings. Revised guidance on applications for Non-Molestation Orders, has been issued and came into force on 12 January 2026.
While it is for the Family Procedure Rule Committee to determine which projects it undertakes, it is the Department’s understanding that the Committee has no plans currently to formalise the President's guidance as a Practice Direction. The guidance will be applied alongside existing rules and Practice Directions relating to Non-Molestation Orders.
HMCTS does not centrally hold data on Non-Molestation Order applications made under Part IV of the Family Law Act 1996 that are resolved by undertaking. This information could only be obtained at disproportionate cost.
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