Published Updated 10 mins read9 sections

Part of: Non Molestation Order

If you have an existing non-molestation order or occupation order and need to change it, extend it before it runs out, or bring it to an end, you apply using Form FL403. One form covers all three outcomes — vary, extend or discharge. Either side can use it: the person the order protects, or the person it’s made against (Family Law Act 1996, s.49(1)). This guide explains both directions clearly, so read the section that matches your position. If you are still deciding whether you need protection at all, start with our guide to the non-molestation order.

Reviewed by: Hannah Overton, Complex Children Specialist & Client Support, Kabir Family Law

Key takeaways

  • One form, three outcomes. Form FL403 is the single form for varying, extending, or discharging (ending) an existing non-molestation order or occupation order. Both are made under Part IV of the Family Law Act 1996 (GOV.UK).
  • The order must still be in force. You can only use it while the original order is still in force. Once an order has expired, there is nothing left to vary or extend.
  • Either party can apply. The protected person commonly wants to extend or tighten the order. The respondent commonly wants to vary its terms or have it discharged (s.49(1)).
  • Fees. Bailiff service of the application is free (Family Proceedings Fee Order 2008, fee 15.1). Ask the court office to confirm whether any other fee applies.
  • No rubber stamp. The court applies the same safety and risk-based tests it used to make the original order. It does not simply rubber-stamp a change.

What is Form FL403 and when do you need it?

Form FL403 is the family court’s application form for changing something about a non-molestation order or occupation order that a court has already made. It is not the form you use to apply for a new order for the first time — that’s Form FL401. FL403 only works on an order that already exists and is still running.

You would use FL403 if you want the court to:

  • Vary the order — change one or more of its terms. For example, you might narrow an exclusion zone in an occupation order, or add a condition to a non-molestation order.
  • Extend the order — keep it running for longer than the original end date, because the risk or need for protection hasn’t gone away.
  • Discharge the order — end it altogether before its scheduled expiry date.

The order named on the form has to be in force on the date you apply (GOV.UK). If it has already expired, FL403 cannot revive it. You would need to make a fresh application on Form FL401 instead. That is what happens when a non-molestation order expires: the protection simply stops.

Form FL403 guide: a family law file on a desk, with a judge's gavel behind it
If the end date is on your mind, you are not overreacting. Planning early can ease that worry.

Are you the protected person? Extending or tightening the order

If the order protects you, you’re most likely asking one of two questions.

Can I extend the order before it runs out?

Yes. A non-molestation order can be made for a specified period or until further order (section 42(7)), and the court sets the actual length case by case. If the order is due to expire and the risk of molestation hasn’t reduced, you can apply on Form FL403 to extend it. Apply while the order is still in force. There is no fixed statutory notice period, but leaving it until the last few days risks a gap in protection if the hearing can’t be listed in time.

Can I ask the court to add or tighten conditions?

Yes, via the same form, using the “vary” route rather than “extend.” Reasons might include the respondent finding new ways to contact you that the original wording didn’t anticipate. Or a change of address may mean an occupation order’s exclusion zone needs updating.

What if the situation has become more serious?

If matters have escalated significantly — for example, a breach involving violence — that is usually a police and potential criminal matter, separate from a straightforward FL403 variation. Breaching a non-molestation order without reasonable excuse is a criminal offence in itself (section 42A). Report a breach to the police first. The variation application deals with changing the order’s terms going forward, not with enforcing what has already happened.

Are you the respondent? Varying or ending the order

The other direction is the respondent applying to change or end an order made against them.

Can I apply to discharge (end) an order made against me?

Yes. The order must still be in force, and you use the same form. Discharge applications usually rest on circumstances that have genuinely changed since the order was made. For example, the parties have had no contact for a sustained period, both sides agree it should not continue, or the factual basis for the order no longer applies.

Simply disagreeing with the original order, or finding it inconvenient, is unlikely to be enough on its own. The court re-examines the same considerations it used originally, so an application to discharge needs to show what has actually changed.

Can I apply to vary the terms rather than end the order completely?

Yes. Specific terms may feel disproportionate. For instance, an occupation order’s exclusion zone might now overlap with somewhere you need to be for work, or to see your children under a separate contact arrangement. In that case, you can apply to vary just that term, rather than seeking a full discharge.

What happens if I ignore the order instead of applying to vary it?

Breaching a non-molestation order without reasonable excuse is a criminal offence, with a maximum of five years in prison (section 42A(5)). If a term of the order is genuinely unworkable, the correct route is to apply on Form FL403 to have it varied — not to breach it and explain afterwards.

Does Form FL403 work the same way for orders about the family home?

Yes. You can apply for a non-molestation order and an occupation order together, because they solve different problems. A non-molestation order stops harassment or abusive behaviour, while an occupation order decides who can live in, or must leave, the family home. FL403 covers variation, extension or discharge of an occupation order in exactly the same way as a non-molestation order. The process and the “still in force” requirement are identical. For a full explanation of how occupation orders work, see our occupation order guide.

How do you apply on Form FL403?

These are the practical steps.

  1. Check the order is still in force. You cannot use FL403 on an order that has already expired.
  2. Complete the FL403 form. You can download the FL403 form online from GOV.UK. State clearly whether you are asking the court to vary, extend or discharge the order. Set out what specifically you want changed and why.
  3. Decide whether to use Form C8 for confidential contact details. If you don’t want your address or contact details disclosed to the other party, leave the applicant details section of FL403 blank. Then complete Form C8 separately.
  4. File the application with the court dealing with your case. Ask the court office whether any fee applies.
  5. Prepare a witness statement or supporting evidence setting out what has changed since the order was made, and why the change you want is justified.
  6. Prepare for the hearing. The court decides how to deal with the application and will tell you if it lists a hearing. Any hearing is in private unless the court directs otherwise (Family Procedure Rules 2010, rules 10.5 and 10.8).

What does the court look at before changing an order?

Varying, extending or discharging one of these orders is not an administrative formality. The court applies the same statutory tests it used to make the order in the first place. For a non-molestation order, that means considering the health, safety and well-being of the applicant and any relevant child (section 42(5)).

For an occupation order, the court weighs the balance of harm test alongside the core criteria in the Family Law Act 1996 (section 33(6)). Those are housing needs, financial resources, the likely effect on everyone’s health, safety and well-being, and the conduct of the parties. A change of circumstances has to actually move the needle on those tests, not just be asserted.

If you haven’t been to a family court hearing before, our guide to your first family court hearing explains what to expect. If you have raised domestic abuse, the court must also consider measures such as a screen or a live link (Family Procedure Rules, Part 3A). Our guide to attending court with a domestic abuse history explains more.

Frequently asked questions

Is there a fee for Form FL403?

Applying for a non-molestation or occupation order in the first place is free. For an FL403 application, bailiff service is free under the Family Proceedings Fee Order 2008 (fee 15.1). The fee list has no separate line for the application itself, so ask the court office to confirm before you apply.

Can either party apply on the FL403 form, or only the person the order protects?

Either party can apply. The protected person typically applies to extend or tighten an order; the respondent typically applies to vary or discharge one. The form and process are the same either way.

Can I use the FL403 form if the order has already expired?

No. FL403 only works on an order that is still in force. Once it has expired, you would need a fresh application (Form FL401 for a new non-molestation or occupation order) rather than a variation.

Do I need to go to a hearing for a Form FL403 application?

The court decides how to deal with each application, and it will tell you. Because it weighs the same safety and risk considerations as the original order, be ready to explain your position in person. Any hearing is in private unless the court directs otherwise.

Will the police be told if the order changes?

Yes. When a court varies or discharges a term of a non-molestation order, rule 10.10 of the Family Procedure Rules 2010 requires the court officer to tell the police station that received the original order. The same applies to a term of an occupation order that carries a power of arrest. That way, the police record matches what the court has actually ordered.

Can I get help preparing a Form FL403 application?

Yes. Because the court re-applies the original tests rather than treating this as a formality, it’s strongly recommended that you get advice before applying. That matters most if you’re the respondent seeking a discharge, or the application is contested. Our specialists assist and advise on your position ahead of the hearing.

Order running out, or no longer right for your life? Get advice before the end date

Getting the wording of your application wrong can cost you the protection you need, or keep restrictions in place that no longer reflect your life. Perhaps you’re trying to keep a non-molestation order in place before it lapses. Or perhaps you believe an order made against you no longer fits the circumstances. Either way, the court expects a properly evidenced application, not just a request. Book a free initial consultation, where one of our specialists gives you initial advice tailored to your circumstances. You can also read more about the non-molestation order.

Expert Tip

We are often asked whether an extension can wait until the last week. It is safer not to wait. Courts list applications when they can, not when your end date falls, so a late application risks a gap with no order in place. Put the end date in your diary the day you receive the order. Then, if you still need protection, start the process weeks rather than days before it.

Iblal Iqbal, Partner & Family Law Strategist

Author:

Iblal Iqbal is a Partner and senior Family Law Strategist at Kabir Family Law, leading many of the firm’s most complex and sensitive cases, from high‑conflict divorce and financial remedies to contested children matters and domestic abuse work across Kabir’s UK and international offices. Educated at Manchester Metropolitan University, where he completed both his LLB and Legal Practice Course, Iblal brings over a decade of specialist family law experience to every case, combining rigorous legal training with day‑to‑day, front‑line casework. His expertise is underpinned by CILEx Advanced Paralegal (MCILEx) status and accredited membership of Resolution, reflecting his commitment to high professional standards, robust preparation and a constructive, child‑focused approach to resolving family disputes. Within the firm, Iblal is the strategist colleagues turn to when a matter is high‑stakes, cross‑border or stuck and needing a fresh, decisive plan. He is known for his approachable, hands‑on style — mentoring the team, reviewing complex files behind the scenes and giving clients clear, realistic guidance that keeps children, assets and long‑term stability at the centre of every decision.

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