DH v CY (Proceedings & Judgment) [2014] EWFC B204 (5 June 2014)

DH v CY (Proceedings & Judgment) [2014] EWFC B204 (5 June 2014)

The mother breached the court's contact order by failing to make the child available for contact and to attend specified activities. Given her persistent opposition to contact and history of evasion, a suspended committal order of 14 days is proportionate and appropriate, conditional on her future compliance with contact orders.

Citation
[2014] EWFC B204
Parties
Father/applicant: D H; Mother/respondent: Mother (name not provided)
Jurisdiction
England and Wales
Judgment Date
05 June 2014
Procedural Posture
Family Law Committal Application / Judgment on Application for Committal for Breach of Contact Order
Outcome
Suspended committal order granted
Legal Topics
Child Contact, Enforcement of Contact Orders, Committal Proceedings
Family Law Contempt of Court Child Contact Enforcement of Contact Orders Committal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

D H

Father/applicant

Mother (name not provided)

Mother/respondent

Procedural Posture

Family Law Committal Application / Judgment on Application for Committal for Breach of Contact Order

Legal Issues

  1. 1 Whether the mother breached the contact order by failing to make the child available for contact with the father
  2. 2 Whether the mother should be committed to prison or subjected to another sanction for breach of the order

Ratio Decidendi

The mother breached the court's contact order by failing to make the child available for contact and to attend specified activities. Given her persistent opposition to contact and history of evasion, a suspended committal order of 14 days is proportionate and appropriate, conditional on her future compliance with contact orders.

Court Disposition

Suspended committal order granted

Orders

  • Mother subjected to a suspended committal order of 14 days, suspended upon compliance with future contact orders.