This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Detailed guide to how Non‑Molestation Orders affect child arrangements in England and Wales, explaining what these orders are, how they interact with custody decisions, safety considerations, legal procedures, practical steps for parents, and common questions about arranging safe contact.
When relationships break down, disputes about children's care often arise alongside concerns about safety and domestic abuse. A Non‑Molestation Order is a protective injunction a family court can make to stop one person from threatening, harassing, intimidating or using violence against another person and, if applicable, their child or children. These orders can play a significant role in child arrangements (formerly understood as custody) proceedings because they can restrict contact and communication in ways that affect how contact or residence decisions are structured by the court. The primary purpose of a non‑molestation order is to protect health, safety and wellbeing - for both adults and children - but it also interacts with wider family law processes where decisions are made about where a child should live and how much time they spend with each parent.
What Is a Non‑Molestation Order?
A Non‑Molestation Order is a civil injunction made under Part IV of the Family Law Act 1996. It prohibits a respondent from engaging in specific forms of behaviour against an applicant, including threats, harassment, intimidation, or violence. An order can also be tailored to protect any “relevant child” who lives with or is expected to live with the applicant and in whose interests the court considers the order appropriate.
A non‑molestation order may:
- Stop the respondent from using or threatening violence against the applicant and their child;
- Prevent harassment, pestering or intimidation by any means including text, social media or in‑person contact;
- Restrict the respondent from approaching the applicant's home, workplace or children's school if supported by the terms.
A breach of a non‑molestation order is a criminal offence, punishable with imprisonment of up to five years, a fine, or both. Police can act on breaches, and the Crown Prosecution Service may prosecute accordingly.
How Non‑Molestation Orders Arise in Family Proceedings
Non‑molestation orders can be:
- Applied for by an applicant (with or without notice to the respondent), particularly where there is current or former domestic abuse;
- Made by a court of its own motion in the context of broader family proceedings if the court considers it beneficial for the safety of any party or relevant child. Courts have the jurisdiction to make protective orders within wider family law cases.
Non‑molestation orders can be made alongside or independently of other injunctions such as Occupation Orders (which govern who may live in or enter a property), but they are specifically aimed at personal safety and behaviours rather than property rights.
Interaction With Child Arrangements
Terms of the Order and Contact with Children
Whether a non‑molestation order affects contact arrangements depends on its specific terms. Some non‑molestation orders apply only between adults, while others explicitly include children. If children are included, the order can restrict the respondent from contacting them directly, from being in proximity to their home, or from collecting them for contact, unless the order states otherwise. These restrictions can shape how child arrangements applications are drafted and what the court ultimately decides.
For example:
- An order that prohibits the respondent from contacting the applicant may also prevent direct communication to arrange child contact, which can complicate informal arrangements.
- An order that restricts proximity to the home may mean that handovers cannot occur at the child's residence and must instead take place at neutral locations such as a school or supervised contact centre.
Because non‑molestation orders can restrict communication and proximity, parents often need to negotiate child arrangements through Solicitors or third parties to avoid breaching the order when contact is permitted under a Child Arrangements Order.
Child Arrangements Orders and Safety
Where non‑molestation orders and child arrangements proceedings coincide, family courts must apply the welfare principles set out in the Children Act 1989 to determine what arrangement is in the best interests of the child. Courts will consider whether an interim or final child arrangements order can be made safely without exposing the child or the protected parent to risk of further harm. In cases involving domestic abuse, Practice Direction 12J requires early identification of abuse allegations and, where necessary, fact‑finding hearings. The court must not make orders for contact that would expose the child or the primary carer to risk of harm.
Practically, this means:
- A child arrangements application may be heard alongside evidence of domestic abuse and non‑molestation orders;
- Contact may be supervised or indirect if direct contact poses a risk;
- Handovers may occur at locations outside the protected parent's home, or be mediated by third parties, to ensure compliance with the non‑molestation order.
The court will not automatically deny contact because of a non‑molestation order; it must assess risk alongside the statutory welfare checklist, balancing safety with the child's needs and the evidence available.
Practical Considerations for Parents
Understanding the Terms
Parents subject to a non‑molestation order should clearly understand the order's wording, particularly how it affects communication and contact with their children. Mis‑interpreting the terms can lead to unintended breach, which is a criminal offence. Communication channels must be carefully managed, and parents should avoid direct contact that could be construed as harassment or intimidation. If necessary, communication booklets or solicitor‑to‑solicitor communication can help avoid direct contact while arranging child care.
Arranging Safe Contact
Where child contact is intended, parties may consider:
- Neutral handovers at locations such as schools or nurseries;
- Supervised contact through approved contact centres;
- Indirect contact (telephone, letters, email) if direct contact is unsafe.
These arrangements can be proposed to the court in child arrangements proceedings to ensure that safety is maintained and the non‑molestation order is complied with.
Documentation and Evidence
Keeping records of incidents, communications and any difficulties arising because of the order can assist in family proceedings. If the respondent contests aspects of a non‑molestation order or alleges falsehoods, accurate documentation may support family court decisions or clarify misunderstandings.
Legal Advice and Support
Legal aid may be available when making or defending applications for non‑molestation orders or for associated Child Arrangements Orders, particularly where there is evidence of domestic abuse. Specialist family law solicitors can help draft applications, navigate safety provisions and ensure that orders do not conflict with each other in ways that harm the child's welfare.
Risks and Challenges
Non‑molestation orders can significantly restrict behaviours and contact. If they are made without careful consideration of child contact needs, they may inadvertently block informal arrangements unless tailored provisions are included. They can also influence how the family court approaches fact‑finding and risk assessment in child arrangements proceedings.
Additionally, where an application is made without notice to the respondent (for example, where immediate risk justifies an ex parte order), the respondent may later challenge the order or its terms. The court then must balance safety with fairness, particularly in contested cases.
Common Questions
Does a non‑molestation order stop all contact with my child?
Not automatically. Whether contact is restricted depends on how the order is drafted. Many orders prohibit direct communication with the protected person but can be worded to allow safe, structured contact with children via neutral arrangements or supervision.
Can I apply for child arrangements while a non‑molestation order is in place?
Yes. A Child Arrangements Order application under the Children Act 1989 can be made concurrently or separately, but the court must assess the potential risks and may structure contact or residence orders accordingly to protect safety.
What if the non‑molestation order is challenged?
The respondent can contest the order, particularly if it was made without notice. The court may review evidence and adjust terms, but any changes will still be guided by safety considerations and the child's welfare.
Key Takeaways
Non‑molestation orders under the Family Law Act 1996 are protective injunctions designed to prevent abusive or harassing behaviour towards an applicant and any relevant child. These orders intersect with child arrangements in family court because their terms can restrict contact, communication and proximity, which must be accommodated when structuring living and contact arrangements for children. Family courts apply welfare principles under the Children Act 1989 and relevant practice directions to ensure that child arrangements orders can be made safely and in the best interests of the child, even where non‑molestation orders are in place. Parents and carers should understand the terms of such orders, consider safe arrangements for contact, document relevant evidence, and obtain appropriate legal support to navigate the interaction between protective orders and custody‑related decisions.
