ABSTRACT
In Chapter 3 the use of the court of undertakings under the pre-1997 law, and the effect of an undertaking on the enforcement powers of the court was discussed. The use of the court of undertakings under the present law is extensive.43 The power of the court to accept undertakings is reproduced under the FLA 1996 in respect of any order the court may make. By s 46(1), the court can accept an undertaking in an application for a non-molestation or occupation order and by ss 38B and 44B of the Children Act 1989, the court will have the power to accept undertakings where it has the power to include an exclusion provision in an interim care order or EPO.
