HOW TO COMPLETE FORM FL401 AND WHERE TO SEND IT.

There are two routes to make this application –

ROUTE 1 – COURTNAV

• The organisation RCJ citizens advice bureau has made an online tool to help you apply for either injunction/court order mentioned above. It is called Courtnav. You will need to register yourself, make an account, and then you can apply. If you use this route, you do not need to complete a paper copy of form FL401 or complete a supporting statement on form FL401T. It will all be done online through Courtnav. Please click the link below.

LINK TO COURTNAV

• The ex-partner submitting form FL401 through courtnav is known as the applicant. The other ex-partner who the order is against is known as the respondent.

ROUTE 2 – COMPLETE A HARDCOPY AND POST TO THE FAMILY COURT 

• NOTE 1 – The spouse/partner completing and submitting form Fl401 is known as the applicant. The other spouse/ex-partner who the order is against is known as the respondent.
• NOTE 2 – You can complete this form online and then print a hard copy. Alternatively you can download it, print it and then complete by black pen. 
• NOTE  3- If you find there is not enough space to complete your answers on your form then please use additional sheets of paper to continue on and attach them to your form. Please write your name, address and question number on the top of your additional sheets of paper. 
• NOTE 4 – If you are applying for a non-molestation order, you will need to send 3 copies of your form FL401 and support statement FL401T (plus any other form) to your local court. If you are applying for an occupation order, you will need to send 4 copies. 
• NOTE 5 – Please keep a copy of your form FL401, all evidence, attachments and other forms for yourself outside of the ones you send to the family court.
• Form FL401 is 22 pages long or 44 pages for a large print version.
• You must attach a witness statement to your form FL401 detailing why you are applying. The government has provided a template witness statement specifically for this. It is 19 pages long. You can download it, complete it, and attach it to your form FL401. This government template is called the template supporting statement FL401T. Please click the link below.

LINK TO OUR L.I.P HELP GUIDE FOR TEMPLATE SUPPORTING STATEMENT FL401T

• You can apply for both types of injunctions explained above together using one form FL401.
• If you are aged between 16-18 years of age, a person over the age of 18 must be present to help you apply. They must complete form FP9 – certificate of suitability of litigation friend – and attach it to your form FL401. Please click link below.

LINK TO OUR L.I.P HELP GUIDE FOR FORM FP9

• If you are under 16 years of age, you have to apply for permission from the court to make this FL401 application. You can do this by completing form FP2 – make an application to the court within family proceedings. A person over 18 years of age must be present to help you apply. They must also complete form FP9 and attach it to your form FP2. Please click the link below. 

LINK TO GOVERNMENT WEBSITE FOR FORM FP2

• Part 1.1 of form Fl401 will ask you which order are you applying for. You will need to tick the relevant box(s).
• In part 1.2 of form FL401, you are asked whether you would like to make this application ‘without notice’. Another name for ‘without notice’ is ‘ex-parte’. This is when you do not want the court to inform your ex-partner because you feel there is an immediate danger to you and/or your children. The judge will consider this in exceptional circumstances and, if they agree, will make the court order without informing the respondent. Your ex-partner will be asked to attend a hearing held at a later date to put forward their views.
• In part 1.3 you will be asked the reason why you want to make a ‘without notice’ application. You must tick the relevant box. You can tick more than one box. 
• In part 1.4 you will be asked to explain the reason(s) you have chosen in part 1.3 above. 
• Part 1.5 will ask you if there are any bail conditions stopping the respondent contacting you. You must tick the relevant box.
• Part 1.6 will ask the date when the bail conditions end.
• Part 1.7 will ask you to write any information about you, the children, the family or the respondent you would like the court to be aware of. An example of this is you may be pregnant, or details of any illnesses or disabilities.   
• Part 2.1, 2.2 and 2.3 will ask you to write your personal details.
• Part 2.4 will ask you if you would like to keep your contact details confidential from the respondent. You must tick the relevant box. If you want to keep yours and your children’s contact details confidential from your ex-partner, please do not write down yours or your children’s contact details in part 2.5 of form FL401 and part 1.2 of your template supporting statement FL401T. Please complete form C8 and send it with your form FL401 and the supporting statement Fl401T. You must make sure that all forms, evidence, or reports you send to the court from now on must not contain your contact details, especially if you are in a refuge. The court staff will not do this for you. Once you have completed form C8, the court and Cafcass will not release your contact details to anyone without a court order. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM C8

• If you do not have another address than the contact address you are providing in part 2.5 of your form FL401 but you feel you will not get your post or someone will access your post before you, then you can provide the court with a different address to post documents to. You must write this address on an additional sheet of paper and explain what the address is for and why you are asking for this. Please attach it to your form FL401 or insert it inside.
• In parts 2.6 – 2.9 of your form FL401, you are asked to provide your contact details. Please write your email in the box in part 2.7. If others have access to your email, please create a new email then provide it. If it is not safe to contact you by phone, please DO NOT tick the phone box in part 2.8. However, if there are times when the court can call you when you are alone or not with somebody (these are called safe times), please tick ‘phone box’ in part 2.8 and then list these times in the box in part 2.9. Please give hours between 9am and 5pm.
• Please make sure you hide your form FL401 well if this is what you need to do.
• Parts 2.10 – 2.16 will ask if you have a legal representative and for their details if you have one.
• Parts 3.1 – 3.7 will ask you to write down personal details of the respondent.  
• For this court order to be enforced, you will need to provide the respondent’s address in the box in part 3.5 so they can be served with the court order. 
• To serve the respondent (your ex-partner) means that your ex-partner must be given your application. If the court is hearing your case ‘without notice’ and the respondent is not being told, then the respondent does not need to be served. However, the subsequent court order will have to be served on the respondent. You cannot do this yourself. If you do not have a solicitor, you can ask a court official to serve the respondent for free. Please complete form D89 to ask the court to do this. Please include form D89 with your form FL401. If the court has not been able to serve the respondent, the court will inform you and then decide the next steps. The court can decide to serve the respondent in another manner such as an email or text if the court is finding it impossible to serve the respondent personally. This is called a ‘substituted’ or an ‘alternative’ service. The court may arrange a court hearing at a later date where they will ask the respondent to attend and talk about the court order that has been issued.

LINK TO OUR L.I.P HELP GUIDE FOR FORM D89

• Part 4.1 will ask you which type of relationship you have with the respondent. You will need to tick the relevant box.
• Part 4.2 will ask the dates when this relationship started and ended.
• Part 4.3 will ask if you are or were previously married or in a civil partnership with the respondent and the date of the ceremony.
• Part 4.4 will ask you about the respondents relationship to you if you have not answered this is part 4.1.
• Part 4.5 will ask you if you have any children, parental responsibility for any children or you need to protect other children with this application. You will need to tick the relevant box. Of you tick the ‘yes’ box you will need to complete part 5. If you tick the ‘no’ box you can skip part 5.
• Part 5.1 will ask you is this application for you only or for you and the children. 
• Part 5.2 will ask you to write down details of the children and their relationship to you and the respondent.
• Parts 5.3 and 5.4 will ask if there are any ongoing family court proceedings involving you and the respondent.
• If you are applying for a non-molestation order you will need to complete part 6.1 – 6.4 giving details about the respondents behaviour.
• If you are applying for an occupation order you will need to complete part 7.1 – 7.19 giving details about about your home – the address, who lives there, have you ever lived there with the respondent and names and ages of any children who live at the address. You will be asked in 7.6b details of other children you are responsible for. Please do not write down their names if this information is to be kept confidential from the respondent. You will also be asked to give details if the property is specially adapted for you and your children. You will also be asked about the mortgage, if the property is rented, the rental agreement and landlord details. You will be asked if you have any home rights, what you would like to happen with the living situation, anything else you would like to happen with the family home and anything else you would like the court to consider. 
• Part 8 will ask you if you need an interpreter when you attend court proceedings, whether you have a disability and need special assistance or facilities. You will also be asked whether you need the court to make special arrangements for you when you attend court such as a separate waiting room or a screen.
• On page 20 is a statement you will be required to read. It is two paragraphs long. The paragraphs are about the questioning of a victim of domestic violence or a witness by the alleged perpetrator or the questioning of an alleged perpetrator by the victim. If your case involves domestic violence and your court hearing is one where you or your ex-partner will give oral evidence then the court may send forms EX740 (the party making the abuse allegation) and EX741 (the party accused of abuse) to you and/or your ex-partner along with the court order informing you of the date of the oral hearing. You and/or your ex-partner will need to complete forms EX740 and EX741 and return them to the court. Once the court has one or both of these forms then the court can consider whether to prevent the questioning or cross-examination in person of either party by each other. You can also make this application to the court by yourself if you DO NOT wish to be cross-examined by the perpetrator or the accuser.

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX740

LINK TO OUR L.I.P HELP GUIDE FOR FORM EX741

• Then you will be asked to sign a statement of truth. 
• As stated above if you are applying for a non-molestation order, you will need to send 3 copies of your form FL401 and support statement FL401T (plus any other form) to your local court. If you are applying for an occupation order, you will need to send 4 copies. 
• To summarise, your envelope will include 3-4 copies of your completed form FL401, support statement FL401T, form C8 (if required), form FP2 and/or FP9 (if required), and form D89 (if required). 
• Once the court has looked over your forms, they will send you a notice of proceedings letter called FL402 notifying you of the hearing.
• You will need to deliver your forms and attachments to your local family court. Please click on the link below to find your local family court.  

LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL COURT

WHERE CAN YOU FIND FORM FL401/DOWNLOAD THIS FORM?

Please click on the link below to download form FL401 from the government website. Complete and send by post (signed for recorded delivery).

LINK TO GOVERNMENT WEBSITE FOR FORM FL401

WHEN WAS FORM FL401 FIRST PUBLISHED AND LAST UPDATED?

Form FL401 was first published by the government (HM Courts & Tribunals Service) on 01-04-2017 and it was last updated on 06-12-2023.