Family Injunctions

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Members of Becket Chambers’ Family team have extensive experience of cases involving injunctions, whether stand-alone or as part of a more wide-reaching case relating to the welfare of children, or matrimonial finance.

The need for an injunction might arise as a result of allegations of domestic violence and/or an application for one of the parties to leave a family home. But they are often bound up with the protection of the child and parent in Children cases where they are considered to be at risk.

Emergency Non-Molestation Injunctions and Applications for Occupation Orders under the Family Law Act 1996 may also be required in matrimonial finance or cohabitation cases.

Case Studies

Protection for an abused wife

Melanie represented a wife who had been subject to mental and physical abuse from her husband for the entirety of their 40 year marriage and had only recently found the strength to leave. The couple had children and grandchildren together and both parties were in ill-health. Melanie was able to help her vulnerable client through Continue reading

Negotiating a non-mol order

Lavinia represented the Respondent, the Applicant’s brother. The Applicant was seeking a non-molestation order. The case was complicated by the fact that both parties lived at their parent’s house. Therefore it was manifestly unfair to exclude the Respondent from entering the property where the Applicant resides, as this was also the Respondent’s home address. Lavinia Continue reading

Grandparents as guardians

Marie represented grandparents as interveners in care proceedings. After assessment, and with the support of the parents who were unable to care for the children, Marie was successful in having their grandchildren placed with her clients, with a Special Guardianship order being made in their favour.

Non-molestation injunction

Marie represented a father who had the care of the couple’s children in an application for a non-molestation injunction and occupation order against the mother. Following a contested hearing, the orders were eventually made for the mother to leave the home and the father to remain there with the children.

Non-molestation injunction

Marie acted for an elderly woman to obtain a non-molestation injunction against her son, who lived in her home and was being abusive to her. The orders were made by the Court, forcing him to leave the home with immediate effect.

Non-molestation injunction & Occupation Order

Marie represented a woman in an application for a non-molestation injunction and occupation order against her former partner, following allegations of violence. There were children involved, also alleged to be at risk. The case additionally involved a fabricated allegation he had made to the Police about Marie’s client, which the Police did not treat as Continue reading

Family Injunctions Articles

Big Changes in Children’s Cases where Domestic Abuse is an Issue: New Practice Direction 12 J

The presumption of contact can now (explicitly) be displaced As a result of the work of the All Party Parliamentary Group on Domestic Violence (APPG) after the publication in January 2016 of the influential Women’s Aid report entitled ‘Nineteen Child Homicides: What must change so children are put first in child contact arrangements and the Continue reading

Family Injunctions Testimonials

“I am writing to say a massive thank you for the way in which you have fought for my case and laid such an excellent foundation to ensure that things are done right for me….

I’m sincerely grateful and thankful that barristers like you are around. Without your knowledge, expertise and heart for doing things right, we would have been let down by the system.

I wish you the best Mike. Your clients are really lucky and really blessed to have you.”

Ms R Instructing Michael Batt through Solicitors – January 16

“Thank you Mike, I am glad matters were able to be agreed at court.”

Ms T from Instructing Solicitors instructing Michael Batt – December 15