H v H (A Child) (Occupation Order: Power of Arrest): CA 10 Jan 2001

The respondent was a minor who had been violent within the family. He had been ordered to leave the family home, and a power of arrest had been attached. He argued that this could not apply because he was a minor. The fact that he could not be imprisoned for contempt, did not reduce the court’s clear powers under the Act to attach such a power. The power of arrest was not a convenient short route to imprisonment for contempt, since one purpose of the power was facilitate enforcement of the order and to protect other children in the home.


Times 10-Jan-2001


Family Law Act 1996 47(2), Criminal Justice Act 1981 1(1)


England and Wales

Family, Contempt of Court

Updated: 28 April 2022; Ref: scu.81101