Contempt and committal in family proceedings

The Practice Notes in this subtopic consider the different types of contempt of court in family proceedings and the procedural requirements for applications to commit for contempt (sometimes referred to as committal proceedings) contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 and the supporting practice direction FPR 2010, PD 37A.

The different types of contempt in family proceedings

There are a number of different forms of contempt of court and FPR 2010, SI 2010/2955, Pt 37 provides a common procedure for all of them. The different forms of contempt in family proceedings include:

•
non-compliance with a court order or undertaking—a wide range of orders made in family proceedings may be enforced by committal; an injunctive order that directs a person to do an act at or within a specified time, or to abstain from doing an act, or an undertaking to similar effect which incorporates a penal warning notice, may be enforced by an order for the committal of that person to prison for contempt, on the application of the person entitled to the benefit of the direction or undertaking,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Family News

Family weekly highlights—21 November 2024

This week’s edition of Family considers the interface between property law and financial remedy in the context of bankruptcy and the role of the financial dispute resolution hearing in financial remedy proceedings. Four new flowcharts setting out the steps to be taken in applications for financial provision after overseas divorce or dissolution and applications for pension sharing orders are set out, together with details of a new webinar on AI and family law.

Exceptional reasons required to bypass FDRs (GH v GH)

Family analysis: In GH v GH, Mr Justice Peel confirmed the importance of the financial dispute resolution hearing (FDR) and that bypassing this hearing to go from first appointment to final hearing is only appropriate in exceptional circumstances. This applies even where financial positions are not fully crystallised at the time of the FDR.

Family weekly highlights—14 November 2024

This week's edition of Family weekly highlights includes details of the latest Family Procedure Rule Committee meeting minutes, the President of the Family Division’s address to the British Society of Paediatric Radiologists and the Family Justice Council’s 17th annual debate. Judgments in relation to parental orders, charging orders and overseas adoption are considered. Details of a new toolkit on Scottish family law are set out.

The interface between property law and financial remedy in the context of bankruptcy (DDR v BDR)

Family analysis: This judgment shows the court adopting a highly structured approach to the determination of questions of property law prior to the determination of a financial remedy application against a backdrop of bankruptcy proceedings, procedural and evidential confusion and limited involvement of lawyers until a late stage. It is also a user-friendly reminder of the court's approach to common intention constructive trusts and the quantification of beneficial interests in a sole legal owner case.