SCHEDULES
SCHEDULE 10Minor and consequential amendments
Family Law Act 1996 (c. 27)
37
1
Section 46 of that Act (undertakings) is amended as follows.
2
In subsection (3), after “under subsection (1)” insert “
instead of making an occupation order
”
.
3
After that subsection insert—
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
In subsection (4), for “it were an order of the court” substitute “
the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking
”
.