What is Contempt of Court?
Family matters before the court often become contentious, which can lead to disagreements between the parties and potential breaches of court orders. Contempt of court can be defined as an act or omission which undermines or disrupts the administration of justice. It can take many different forms, however, occurs most commonly within family court proceedings when a party deliberately fails to comply with a court order.
Consequences of Contempt of Court
If the court finds a party in contempt, the court has the power to impose any of the following:
- Custodial or suspended prison sentences.
- Fines.
- The confiscation of assets.
- Any other punishments permitted under the law, which can include unpaid work or community service.
The court will determine the severity of the offence committed when considering which of the penalties should be imposed.
Case Example- AA (Mother) v XX (Father) [2025] EWHC 2165 (Fam)
Within the recent matter of AA (Mother) v XX (Father) [2025] EWHC 2165 (Fam), the mother made an application for the committal (the action of sending someone to prison) of the father for multiple breaches of court orders, which included the return of their 11-year-old daughter to the UK.
In January 2023, when on holiday in Iran with her mother, the child was abducted by her paternal uncle who threatened the mother with a gun before taking the child. The mother lodged an application with the court, which included the return of her daughter to the UK. An order for contact and the return of the child was made in October 2024, which was sub sequentially breached by the father.
The Judge determined that a custodial sentence was required, as it was the only hope of compliance with the order and securing the return of the child to the UK. The court were satisfied that the father’s non-compliance, had been a complete and deliberate breach of the court orders. Accordingly, the father was sentenced to six months imprisonment after being found in contempt for breaching multiple court orders.
It is hoped that the father’s imprisonment will act as a deterrent and demonstrates the court’s willingness to impose the most serious of penalties in situations where there has been a complete disregard of orders made by the court.
Should you find yourself in need of any assistance or support regarding a potential contempt of court, please contact Cygnet on 01642 777 680.
