Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will make an assessment of the potential merits of requiring that non-molestation orders as result of domestic abuse should apply automatically to any children of the parent who has been abused.

The Government has not made an assessment of the merits of requiring that non-molestation orders as result of domestic abuse should apply automatically to any children of the parent who has been abused and has no current plans to do so.

Non-molestation orders can be extended to protect relevant children where this is considered necessary. Section 1 of the Children Act 1989 requires that the child’s welfare shall be the court’s paramount consideration in all decisions made about them. An automatic provision, which would give no opportunity for this consideration, would risk undermining this principle.

As well as non-molestation orders, the family court can make a range of orders to protect children and further their best interests. These include section 8 orders under the Children Act 1989 including prohibited steps order, specific issues orders and child arrangement orders.