The Family Court Library. Undertakings and Non-Molestation Orders

undertakings

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

Formal Undertakings

A Guide to Form N117: Make a Legal Promise to a Court

Form N117 is a document used by courts in England and Wales to record a legal promise made by a party in a case to either do or not do something (an ‘undertaking’).

An Undertaking is a promise to the court and the form provides space to enter details specific to the case and the parties involved, as well as details of the undertaking itself.

The undertaking must be agreed by the court. Where an offer for a formal undertaking is offered in Non-Molestation Order case, it must also be agreed by both parties as a form of resolution other than a contested hearing and a non-molestation order.

It must be signed by the person accepting it, usually in the presence of the Judge and the Judge will explain its contents and the consequences of breaching it.

A breach of a formal undertaking is a Contempt of Court with the penalties open to the court being fine, imprisonment or seizure of assets.

Therre is no police power of arrest if the undertaking is breached.

Form N117 and undertakings are covered by the Civil Procedure Rules 1998 . The court may also take into account any other relevant legislation, such as the Family Law Act 1996 and the Anti-social Behaviour, Crime and Policing Act 2014 .

What the Family Law Act states:

(1) In any case where the court has power to make an occupation order or non-molestation order, the court may accept an undertaking from any party to the proceedings.

(2) No power of arrest may be attached to any undertaking given under subsection (1).

(3) The court shall not accept an undertaking under subsection (1) instead of making an occupation orderin any case where apart from this section a power of arrest would be attached to the order.

(3A) The court shall not accept an undertaking under subsection (1) instead of making a non-molestation order in any case where it appears to the court that—

(a) the respondent has used or threatened violence against the applicant or a relevant child; and

(b) for the protection of the applicant or child it is necessary to make a non-molestation order so that any breach may be punishable under section 42A.

(4) An undertaking given to a court under subsection (1) is enforceable as if the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking

(5) This section has effect without prejudice to the powers of the High Court and the family court apart from this section.

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Our independent MaKenzie Friends provide support throughout the UK.

MaKenzie Friends operate as 'lay persons' who are not legally trained or qualified, but who will support you through the family court process as an 'informed friend'.

Our MaKenzie Friends can :

1) Provide personal support, understanding and mentoring.

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Philip Kedge is a retired police Chief Inspector and the founder and director of the McKenzie Friend UK Network. His aim is to remove lawyers from the family court with his own ethical business to reduce conflict and acrimony, to provide training and a cost effective McKenzie Friend national service and to reduce the emotional harm to children as a non-legal entity and informed friend.

A Guide to Form N117: Make a Legal Promise to a Court

Form N117 is a document used by courts in England and Wales to record a legal promise made by a party in a case to either do or not do something (an ‘undertaking’).

McKenzie Friend Training

Our Top Featured McKenzie Friends

We have already saved our clients over £20 million in unnecessary legal fees

We have already saved our clients over

£20 million in unnecessary legal fees