Injunctions proceedings

An injunction is a restraining order of the court to prevent a person from doing any act or thing. Likewise, it may also require a person to do an act or a thing. In the Family Court, a party may have to apply for an injunction for either financial or children’s cases.

When can an injunction be granted?

According to Section 114 of the Family Law Act an injunction may be granted by the court in proceedings between parties to a marriage during these instances:

• 1.    Divorce
• 2.    Maintenance for one of the parties
• 3.    Property settlement
• 4.    For approval or revocation of a maintenance agreement or for registration of a maintenance agreement
• 5.    For an order for circumstances due to marital relationships
• 6.    For the implementation of a maintenance agreement
• 7.    For the implementation of an order arising from an overseas jurisdiction for the maintenance of one of the parties
• 8.    For any other proceeding including those that require the implementation of an order related to current, pending or completed proceedings of similar circumstances previously mentioned

How is an injunction obtained?

A party has to apply for an injunction. Normally, injunctions are made by consent. But in instances where consent from the other party could not be obtained or is deemed detrimental to obtain, the applicant can seek an injunction on an “ex parte” basis. This means the other party does not have to be present in court or does not have to know about the application.

This course of action is usually taken if something is urgent or if there are risks involved to the applicant or to the children if the other party would have knowledge of the application. The application for an injunction must be supported by an affidavit.

Can an injunction be sought to protect children?  

Yes. The court may grant an injunction for the personal protection of the child and for restraining a person or a child from leaving, entering or remaining in a specific area.

Can an injunction be sought to protect property and in financial proceedings?

Yes. The court may grant an injunction for personal protection, from entering or staying in the previous marital home or other areas, for protection of the marital relationship, for the properties of the parties and for the use or occupancy of the previous marital home.

Can an injunction be sought against third parties?

Yes. The court may grant injunctions against third parties like grandparents, relatives or new partners.