The Family Law Act 1996

When you are facing challenges at home, it can be difficult to know where to turn for help. One of the most important acts of parliament in this area is the Family Law Act 1996, and our solicitors regularly assist clients in obtaining orders using the legislation.

At Birch and Co, we are committed to supporting clients dealing with sensitive family issues. In addition to providing first-rate legal advice, we will liaise with the police to ensure your safety, and signpost you to local support services that may be able to help you and your family.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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What Is The Family Law Act 1996?

The Family Law Act 1996 is a piece of legislation that mainly deals with family breakdowns, protection from domestic abuse, and occupation of the family home. Some of the key issues the Family Law Act 1996 deals with include the following:

• Domestic Violence And Protection Orders

One of the most important issues dealt with by the Family Law Act 1996 is the protection of domestic abuse victims.

The Act introduced the concept of Non-Molestation Orders to provide civil remedies for people experiencing abuse at home. A Non-Molestation Order is a type of court order known as an injunction. Injunctions prohibit the person named in the Order from doing the acts specified. A Non-Molestation Order is aimed at protecting individuals, including children, from harassment, threats, or abuse.

Non-Molestation Orders can prevent someone (often a partner, ex-partner, or family member) from:

Using or threatening violence.
Intimidating, harassing, or pestering you.
Contacting you directly or indirectly if this is causing distress.

Breaching a Non-Molestation Order is classed as contempt of court and constitutes a criminal offence. The result of this is that the person in breach can be arrested and fined or imprisoned.

• Occupation Orders

Another important aspect of the Family Law Act 1996 deals with who can live in the family home. The act does this through the mechanism of Occupation Orders. An Occupation Order can:

Exclude an abusive partner from the property, even if they own it or are named on the tenancy.
Allow you to remain in the home with your children.
Set conditions on how the property is used, for example, preventing one party from entering certain rooms.

Occupation Orders are often used in conjunction with Non-Molestation Orders, especially when safety and stability at home are at risk.

How To Use The Family Law Act 1996

Applications under the Family Law Act 1996 are usually made to the Family Court. In urgent cases, you can make an application “without notice”, meaning that the other person is not told about your application or the hearing until after the order has been made. This is especially important in domestic abuse cases where there is an immediate risk.

A general overview of the process is as follows:

You prepare an application for the order you are seeking and collate supporting evidence, including a detailed written statement.
You attend a court hearing at which the court will consider your application.
The judge agrees to or rejects your application.

While it is possible to apply to the family court for an order under the Family Law Act 1996 without assistance from a solicitor, having experienced legal support can make a huge difference. Family law cases can be incredibly complex, and the procedures can feel overwhelming. Having an experienced legal professional on your side, taking care of the legal aspects of your situation and protecting your interests can make the experience far less stressful.

Our team can assist you with any issue covered by the Family Law Act 1996, including the following:

Advising you on whether the Family Law Act 1996 is the right route for your situation.
Preparing the necessary applications.
Representing you in any court hearings.
Working alongside the police support agencies to ensure your safety and the safety of your family.
Providing ongoing advice on related issues such as divorce, child arrangements, or financial matters.

Why Choose Birch & Co. To Help You With A Matter Governed By The Family Law Act 1996?

At Birch & Co., we specialise in family law and practice. With decades of experience in this complex area of legal practice, you can trust that we have the know-how and expertise to secure your desired outcome.

Your safety and peace of mind are our priority, and we will do all we can to ensure that you and your family have a safe place to live and are out of harm’s way.