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 ”.