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Family Law

The leading authority on all aspects of family law

16 OCT 2009

INJUNCTIONS: Re C (Children) [2009] EWHC

(Family Division; McFarlane J; 16 October 2009)

A non-molestation injunction was made 'until further order'. The issue was whether such orders should be time-limited following changes to Family Law Act 1996 which effectively abolished power of arrest within civil jurisdiction and whether the case should have been adjourned, given that respondent did not admit the factual background, to enable respondent to file a written statement, or at least to hear her oral evidence.

It was perfectly acceptable for court to deal with this case by submissions alone.

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