General Disclaimer: Nothing presented constitutes legal advice and the McKenzie Friend UK Network is not a legal entity or in anyway claims to be a 'legal resource'. The resource guide is supported by McKenzie Friends and Litigants in person for Litigants in Person in Family Court. McKenzie Friends provide layperson support as an informed friend under the Family Court Practice Guidance of 2010. All information is published under the spirit of that guidance. For any corrections of the information, please contact the McKenzie Friend UK Network |
Discharge and Variations of Non-Molestation Orders |
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Variation and discharge of orders.(1) An occupation order or non-molestation order may be varied or discharged by the court on an application by— (a) the respondent, or (b) the person on whose application the order was made. (2) In the case of a non-molestation order made by virtue of section 42(2)(b), the order may be varied or discharged by the court even though no such application has been made. (3) B’s home rights are, under section 31,are a charge on the estate or interest of A or of trustees for A, an order under section 33 against A may also be varied or discharged by the court on an application by any person deriving title under A or under the trustees and affected by the charge. (4) If, by virtue of section 47(3), a power of arrest has been attached to certain provisions of an occupation order . . . , the court may vary or discharge the order under subsection (1) in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order). |
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