Part IV of the Family Law Act 1996

Page 2 of 14

How do I know if I can apply?

You can apply for an order against another person if you are related in one of the ways listed below:

Married: a man or a woman to whom you are or have been married.

Cohabitants: a man and a woman who are not married, but who are, or have lived together as husband and wife.

Two people who live or have lived in the same household: but not if one is the employee, tenant, lodger or boarder of the other.

Certain relations: (eg parent, brother, sister, aunt) - you should ask at the court office for a full list of all relatives who may apply.

Two people who have agreed to marry each other: but you must apply within three years of the agreement to marry ending.

You and the other person are the parents of a child or have parental responsibility for a child: this also applies if you or the other person have been responsible for the child in the past.

The natural parent or grandparent of a child who has been adopted or is freed for adoption: you may only apply if the other person is the child, the adoptive parent or any adult who has applied to adopt the child or with whom the child has been placed for adoption.

If you are under 18 you must make the application at the High Court and someone over 18 must help you make the application. That person, who might be a parent or relative, is called a 'Next Friend'.

If you are under 16 you will need permission from a High Court judge to make the application.

If you want to apply for a Non-molestation order or an Occupation order, you should carefully read this guidance and the notes for completing the application form. Make sure you have all the information and forms it says you will need.

If you need help deciding whether you can apply for an order, you should ask for help from a solicitor or Citizens Advice Bureau.