D v T

D v T

On the evidence, the applicant and respondent, both minors, were in an intimate personal relationship of significant duration as required by the Family Law Act 1996, qualifying the applicant to seek a non-molestation order. The relationship's nature and duration are to be assessed contextually, especially for minors, and do not require sexual intimacy.

Parties
Applicant: D (acting by her Litigation friend); Respondent: T
Jurisdiction
England and Wales
Judgment Date
05 October 2024
Procedural Posture
Family Law Non Molestation Order / Preliminary Determination at Without Notice Hearing
Outcome
Preliminary finding that applicant and respondent are associated persons; application proceeds to on-notice hearing.
Legal Topics
Non Molestation Orders, Definition of Associated Persons, Intimate Personal Relationships Between Minors
Family Law Child Protection Non Molestation Orders Definition of Associated Persons Intimate Personal Relationships Between Minors

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Parties

D (acting by her Litigation friend)

Applicant

T

Respondent

Procedural Posture

Family Law Non Molestation Order / Preliminary Determination at Without Notice Hearing

Legal Issues

  1. 1 Whether the applicant and respondent are 'associated persons' under the Family Law Act 1996 for the purposes of a non-molestation order
  2. 2 Interpretation of 'intimate personal relationship of significant duration' in the context of minors

Ratio Decidendi

On the evidence, the applicant and respondent, both minors, were in an intimate personal relationship of significant duration as required by the Family Law Act 1996, qualifying the applicant to seek a non-molestation order. The relationship's nature and duration are to be assessed contextually, especially for minors, and do not require sexual intimacy.

Court Disposition

Preliminary finding that applicant and respondent are associated persons; application proceeds to on-notice hearing.

Orders

  • Matter listed for on-notice hearing with both parties to attend by video link.