B v S

B v S

The committal order was set aside because the judge failed to consider the Article 8 rights of the infant, B, and did not realise his order would result in separation of a breastfeeding baby from the mother. The judge did not assess whether this interference was proportionate or justified. The seriousness of the contempt justified imprisonment in principle, but the practical effect on the infant required reconsideration.

Parties
Appellant Mother: B; Respondent Father: S
Jurisdiction
England and Wales
Judgment Date
14 May 2009
Procedural Posture
Civil Appeal / Appeal From Committal Order for Contempt of Court
Outcome
Appeal allowed
Legal Topics
Contempt of Court, Child Contact Orders, Imprisonment of Mothers, Article 8 ECHR
Family Law Civil Procedure Human Rights Contempt of Court Child Contact Orders Imprisonment of Mothers Article 8 ECHR

Case Brief

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Parties

B

Appellant Mother

S

Respondent Father

Procedural Posture

Civil Appeal / Appeal From Committal Order for Contempt of Court

Legal Issues

  1. 1 Whether the committal order for imprisonment for contempt was appropriate given the circumstances, particularly the separation of a breastfeeding infant from the mother
  2. 2 Whether the judge erred by considering breaches not subject to the notice to show cause
  3. 3 Whether the order infringed the Article 8 rights of the infant

Ratio Decidendi

The committal order was set aside because the judge failed to consider the Article 8 rights of the infant, B, and did not realise his order would result in separation of a breastfeeding baby from the mother. The judge did not assess whether this interference was proportionate or justified. The seriousness of the contempt justified imprisonment in principle, but the practical effect on the infant required reconsideration.

Court Disposition

Appeal allowed

Orders

  • Committal order set aside
  • Court to apply to HMP Bronzefield for authorisation for B to accompany the mother if imprisonment is imposed