Q&As

Can undertakings given in Family Law Act 1996 proceedings be varied or amended by consent or otherwise?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 18 December 2019
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Pursuant to section 46 of the Family Law Act 1996 (FLA 1996), the court may accept undertakings from any party in proceedings where the court has power to make an occupation order or non-molestation order. An undertaking is a promise to the court (rather than to another party) to do or not to do something, and it may be enforced as a contempt of court punishable by committal proceedings. Often, undertakings are given by a respondent in the terms roughly similar to the order sought by the applicant within the Family Law Act application as a way of resolving proceedings swiftly and without the risk of findings being made.

There are some limitations on when the court may accept an undertaking, for example, the court must not accept undertakings instead of making a non-molestation order where

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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