Ex-parte orders: Guidance

The President of the Family Division, Sir James Munby, has today issued guidance in respect of the appropriate course to adopt when considering ex-parte (without notice) non-molestation orders.

It appears that it has become established practice in some areas of making ex-parte orders of unlimited duration; this is not permitted.  It has also become practice to make ex-parte orders of up to 12 months duration almost as standard.  The length of the order must be justified on the facts of the case.

A return date must be set and this should be within 14 days.

Practitioners must bear in mind and apply the full guidance at all times, which can be downloaded here.