E v G & Anor [2023] EWFC 73 (B) (10 January 2023)

E v G & Anor [2023] EWFC 73 (B) (10 January 2023)

The father deliberately and persistently breached clear court orders regarding contact with the child, without reasonable excuse, and in contempt of court. The breaches were proved beyond reasonable doubt on the evidence, including the father's own admissions. The seriousness and persistence of the breaches, and the father's refusal to accept the authority of the court, necessitated a custodial sentence, but given this was the first committal, the sentence was suspended for one year.

Citation
[2023] EWFC 73 (B)
Parties
Mother / First Respondent: E; Father / Defendant: G; Child / Subject: Child X
Jurisdiction
England and Wales
Judgment Date
10 January 2023
Procedural Posture
Family Law Committal Application / Judgment After Contested Committal Hearing
Outcome
Application for committal granted; father found in contempt of court.
Legal Topics
Child Arrangements Orders, Committal Proceedings, Enforcement of Court Orders, Parental Responsibility, Contact Arrangements
Family Law Contempt of Court Child Arrangements Orders Committal Proceedings Enforcement of Court Orders Parental Responsibility Contact Arrangements

Case Brief

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Parties

E

Mother / First Respondent

G

Father / Defendant

Child X

Child / Subject

Procedural Posture

Family Law Committal Application / Judgment After Contested Committal Hearing

Legal Issues

  1. 1 Whether the father breached child arrangements and prohibited steps orders
  2. 2 Whether breaches were proved beyond reasonable doubt
  3. 3 Whether there was reasonable excuse for breaches

Ratio Decidendi

The father deliberately and persistently breached clear court orders regarding contact with the child, without reasonable excuse, and in contempt of court. The breaches were proved beyond reasonable doubt on the evidence, including the father's own admissions. The seriousness and persistence of the breaches, and the father's refusal to accept the authority of the court, necessitated a custodial sentence, but given this was the first committal, the sentence was suspended for one year.

Court Disposition

Application for committal granted; father found in contempt of court.

Orders

  • Father sentenced to 12 weeks' imprisonment, suspended for one year.
  • If further breaches occur within one year, the sentence will be activated.