If the sentence for an original breach of a court order has expired without compliance on the part of the contemnor – then it is necessary first to make another order specifying another date for compliance, followed, in the event of non-compliance, by an application for committal for breach not of the original but of the further order.
Judges:
Hughes, Tomlinson, McFarlane LJJ
Citations:
[2011] EWCA Civ 1196, [2012] Fam Law 389, [2012] 2 FLR 133, [2012] 1 WLR 1036
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In re A (A Child) (Abduction: Contempt) CA 21-Aug-2008
The father apealed against his sentence of committal for contempt of court in the course of children proceedings. During a dispute over residence, he took the child to his family in Syria and returned alone. He had then disobeyed orders requiring . .
Cited by:
Cited – Jones, Re (Alleged Contempt of Court) FD 21-Aug-2013
The Solicitor General sought the committal of the respondent for alleged contempt of court. There had been repeated litigation between the respondent and her former husband as to whether the children should live in Spain with the father or in Wales . .
Cited – Button v Salama FD 2-Jul-2013
An order had been made placing the child of the parties under wardship. The mother now applied for an order to commit the father to prison for contempt of court in failing to abide by orders made. He had taken the child to Egypt, and now said that . .
Cited – Button v Salama FD 27-Sep-2013
The court made orders further imprisoning the father for his repeated failures to comply with court orders for the return of the child of the family from Egypt. . .
Cited – Button v Salama FD 19-Dec-2013
The father had repeatedly failed to obey court orders for the return of the family’s daughter to the UK. He had been subject to terms of imprisonment and now faced anotehr application. The court considered whether the total time now spend in prison . .
Lists of cited by and citing cases may be incomplete.
Children, Contempt of Court
Updated: 25 September 2022; Ref: scu.447636