The president of the Family Division, Sir Andrew McFarlane’s, Guidance 2026: Non-Molestation Orders under the Family Law Act 1996, which was published in December and replaces the 2023 Practice Guidance, came into effect yesterday.
The revised guidance includes an updated template for a non-molestation order under Section 42 of the Family Law Act 1996, and FL435 – response to a non-molestation order form.
The Family Justice Council has also issued its Family Justice Council best practice guidance for practitioners on making an application for a protective injunction under the Family Law Act 1996, which includes a model witness statement and guidance notes.
“When it was issued, I undertook to keep the 2023 Practice Guidance – ‘Family Court ‐ Non-Molestation Injunctions Under the Family Law Act 1996’ under active review,” Sir McFarlane said.
“I am grateful to the Non-molestation Injunction Roundtable, a group of professionals and judiciary, including the domestic abuse commissioner, who supported that review process and also considered a range of interventions aimed at addressing practical and procedural difficulties relating to the process of applying for and obtaining protective relief in cases of domestic abuse.
“I am also grateful to the Family Justice Council for producing a comprehensive and helpful companion guide for practitioners. It provides a clear framework to strengthen the quality and consistency of protective injunction applications.
“I encourage judges, magistrates, legal advisers and legal practitioners across the Family Justice System to read both sets of guidance in full to ensure best practice is embedded and is applied consistently throughout England and Wales.”
