Injunctions

A non-removal injunction is an emergency order that stops someone from removing a child from the jurisdiction. These injunctions are used where you are concerned that the removal of a child is imminent and that if that person is made aware that they are being stopped from leaving the Island, that they will try and leave secretly. This generally applies to cases where a parent is trying to take a child out of the jurisdiction without the permission of the other parent (child abduction). These injunctions are often required at very short notice.

They will usually have a “power of arrest” attached to them so that if the parent tries to remove the child once they know that there is an injunction in place, then they can be arrested to stop them doing so.

In effect these types of injunctions will exclude your partner from the property where you live.

For example, you may be living together in the same property, you may have children who are settled there and going to school locally and you may have nowhere else to go to yourself; in such circumstances the courts can order that your abusive partner leaves the property immediately and not be permitted to return.

A non-molestation injunction is a type of order which can protect you and any relevant child from violence or harassment. You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you.

When deciding whether to grant a non-molestation order the court will consider all of your circumstances, including the need to secure the health, safety and well-being of you and any children. You therefore need to show the court how your health, safety or well-being or that of your children would be at risk if you are not granted the order.

These injunctions will also, usually, have a power of arrest attached to them so that if the perpetrator tries to breach the terms of the injunction (such as approaching you or coming within a certain distance of your house) they can be arrested and detained immediately.

A freezing injunction is a court order which prevents a party from disposing of or dealing with its assets. A freezing injunction is therefore an essential tool for those looking to protect assets to ensure those assets are available to satisfy a court order. In a family/divorce setting, these are used primarily to stop your spouse from dissipating any marital assets or placing them outside of the “reach” of the court.

Any steps which transfer assets away to a third party could have a damaging effect on your financial claims. There are of course times when these transactions may be perfectly legitimate, for example, the sale of a property or shares in a business in return for a fair value but sometimes these transactions are taking place deliberately to prejudice or hinder your financial claims.