J, Re (Committal decision)

J, Re (Committal decision)

Persistent, deliberate breaches of court orders requiring DNA sample provision constitute contempt; committal for 28 days is justified to secure compliance and balance punishment.

Parties
Mother/respondent: FE; Father/applicant: AS
Jurisdiction
England and Wales
Judgment Date
04 January 2025
Procedural Posture
Private Law Children Proceedings / Committal Judgment
Outcome
FE committed to prison for 28 days for contempt of court, to be served concurrently for two breaches, with automatic release at 14 days.
Legal Topics
DNA Testing, Paternity, Compliance With Court Orders, Committal for Contempt
Family Law Contempt of Court DNA Testing Paternity Compliance With Court Orders Committal for Contempt

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Parties

FE

Mother/respondent

AS

Father/applicant

Procedural Posture

Private Law Children Proceedings / Committal Judgment

Legal Issues

  1. 1 Whether FE is in contempt of court for failing to comply with orders requiring provision of a DNA sample from J
  2. 2 Appropriate penalty for contempt of court

Ratio Decidendi

Persistent, deliberate breaches of court orders requiring DNA sample provision constitute contempt; committal for 28 days is justified to secure compliance and balance punishment.

Court Disposition

FE committed to prison for 28 days for contempt of court, to be served concurrently for two breaches, with automatic release at 14 days.

Orders

  • FE to be committed to prison for 28 days for each breach, served concurrently.
  • Automatic release at 14 days.