The PFD’s Guidance 2026: Non-Molestation Orders under the Family Law Act 1996, and the FJC’s Best Practice Guidance for Practitioners on Making an application for a Protective Injunction under the Family Law Act 1996
FamilyFamily DivisionPresident of the Family DivisionSir Andrew McFarlaneFamily Justice CouncilPractice Guidance
Updated: March 2026
Please note that Annex 1 contains the examples of the provisions dealing which the court may make in response to an application, rather than a complete example of a non-molestation order made after a without notice hearing.
The President of the Family Division, Sir Andrew McFarlane, following a review has issued the PFD’s Guidance 2026: Non-Molestation Orders under the Family Law Act 1996, which replaces the 2023 Practice Guidance. The revised Guidance comes into effect on Monday 12 January 2026 and includes:
- Annex 1: An updated template for a Non-Molestation Order under Section 42 of the Family Law Act 1996; and
- Annex 2: FL435: Response to a Non-Molestation Order form.
In tandem, the Family Justice Council has issued Family Justice Council Best Practice Guidance for Practitioners on Making an application for a Protective Injunction under the Family Law Act 1996, which includes a Model Witness Statement with guidance notes at Annex 1.
The Guidance documents can be read below.