Posts tagged ‘Injunctions’

April 23, 2011

News for Practitioners – Getting Pt IV FLA injunctions

In addition to the changes to the Family Procedure Rules noted earlier this month with regard to mediation, there are also some important practical changes about applying for injunctions under Pt IV of the Family Law Act 1996.  These are explained succinctly by Steve Connor from the NCDV on a You Tube video which you can find here http://www.youtube.com/watch?v=8cc9p1SBzVU

The key points include s10.2 which means that applicants will no longer provide a sworn affidavit but rather a ‘statement of truth’ which does not need to be sworn by the Court staff or a relevant barrister or solicitor, but does need to be signed by the applicant.  S10.6 clarifies some of the confusion which arose after the implementation of the DVCVA about whether or not injunctions had to be served in person, or whether they could be served by text message for example.  The new procedures make it clear that they do have to be served in person.

Please take note as the feedback we are getting is that literally hundreds of injunctions are being prepared according to the old rules and thus cannot be implemented.

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