7
At present a cohabitee with children of that relationship who is subjected to violent abuse by the other party has virtually the same options as a spouse in such circumstances (paragraph 3 refers). But the effectiveness of these options is limited by the same weaknesses (paragraph 4 refers). An injunction sought by such a cohabitee must be tied to a substantive application in respect of the children under the Guardianship of Minors Ordinance (Chapter 13), or wardship proceedings under the inherent jurisdiction of the court,
since divorce Or separation proceedings are
inappropriate.
8
A cohabitee with children from a previous marriage or relationship or a cohabitee with no children cannot, at present, seek an injunction requiring the aggressor to desist and only has the options of calling the police, taking out a private summons or leaving the home.
Proposals
9
It is proposed that legislation on the lines of that currently in force in England and Wales should be introduced. There, the combined effect of the Matrimonial Homes Act 1967 and the Domestic Violence and Matrimonial Proceedings Act 1976 is to allow a spouse or a cohabitee to apply to a court for an injunction containing one or more of the following provisions even though in the case of a married couple no matrimonial
proceedings are pending
(a) a provision
provision requiring the other
other party to permit the applicant to enter and remain in the home or part thereof even if the applicant has no estate or interest in it;
be
(b) a provision excluding the other party from the home or part thereof or from a specified area in which the home is included. (IE appropriate, the injunction may registered against the title of the property in the land registry thus preventing any disposal of it);
(c) a provision restraining the other party from molesting the applicant or any children living with the applicant.
GA. 24
RESTRICTED
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