E v G & Anor

E v G & Anor

The father deliberately and persistently breached clear court orders regarding contact and prohibited steps, without reasonable excuse, amounting to contempt of court. The seriousness and persistence of the breaches, and the father's lack of remorse or acceptance of wrongdoing, necessitate a custodial sentence, though it is suspended due to this being a first committal finding.

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
Committal for contempt of court; custodial sentence suspended for one year.
Legal Topics
Child Contact Orders, Committal Proceedings, Enforcement of Court Orders, Parental Responsibility
Family Law Contempt of Court Child Contact Orders Committal Proceedings Enforcement of Court Orders Parental Responsibility

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 contact 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 and prohibited steps, without reasonable excuse, amounting to contempt of court. The seriousness and persistence of the breaches, and the father's lack of remorse or acceptance of wrongdoing, necessitate a custodial sentence, though it is suspended due to this being a first committal finding.

Court Disposition

Committal for contempt of court; custodial sentence suspended for one year.

Orders

  • Father sentenced to 12 weeks' imprisonment, suspended for one year, for multiple breaches of child contact and prohibited steps orders.
  • If further breaches occur within one year, the sentence will be activated and served in addition to any further penalty.