Family Homes and Domestic Violence Bill [HL]

Abstract

This Bill of twenty-seven clauses and seven schedules will considerably improve and rationalize two related and important areas of family law which are long overdue for reform, namely the provision of protection for family members against domestic violence and the regulation of the right to occupy the family home. 1 Largely, but not entirely, it gives effect to the recommendations of the Law Commission in its report on Family Law, Domestic Violence and Occupation of the Family Home (Law Com. No. 207). The current plethora of legislation (i.e. the Domestic Violence and Matrimonial Proceedings Act 1976, the Domestic Proceedings and Magistrates ‘Courts Act 1978, ss. 16–18 and the Matrimonial Homes Act 1983) dealing with these major social problems, will be repealed and replaced by a single set of consistent remedies. These remedies will be available in all courts having jurisdiction in family matters (clause 21), save that the magistrates’ court will not be able to hear an application involving any disputed question as to a party's entitlement to occupy property by virtue of a beneficial estate or interest or any enactment giving him or her the right to remain in occupation (clause 22). The enhancement of the courts’ enforcement powers is apposite. Under clause 15 and Schedule 2 where the court makes a protection order or occupation order and it appears that the respondent has used or threatened violence against the applicant or a child the court must attach a power of arrest, unless satisfied that the applicant or child will be adequately protected without such a power of arrest.