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