J, Re (Committal Decision) [2025] EWFC 80 (B) (28 March 2025)
FE's persistent and deliberate failure to comply with court orders to provide a DNA sample from J constitutes contempt of court. The seriousness of the breaches and lack of engagement justify a committal order of 28 days' custody, to be served concurrently for both breaches, with automatic release at 14 days.
- Citation
- [2025] EWFC 80 (B)
- Parties
- Applicant: AS; Respondent: FE
- Jurisdiction
- England and Wales
- Judgment Date
- 28 March 2025
- Procedural Posture
- Private Law Children Proceedings (children Act 1989) / Committal Decision Following Contempt of Court
- Outcome
- committal to prison for contempt of court
- Legal Topics
- DNA Testing, Paternity, Enforcement of Court Orders, Committal for Contempt
Case Brief
Summary, issues, holding and outcome
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Parties
AS
Applicant
FE
Respondent
Procedural Posture
Private Law Children Proceedings (children Act 1989) / Committal Decision Following Contempt of Court
Legal Issues
- 1 Whether FE is in contempt of court for failing to comply with orders to provide a DNA sample from J
- 2 Appropriate penalty for contempt in the circumstances
Ratio Decidendi
FE's persistent and deliberate failure to comply with court orders to provide a DNA sample from J constitutes contempt of court. The seriousness of the breaches and lack of engagement justify a committal order of 28 days' custody, to be served concurrently for both breaches, with automatic release at 14 days.
Court Disposition
committal to prison for contempt of court
Orders
- FE committed to prison for 28 days for two counts of contempt, sentences to run concurrently, with automatic release at 14 days
- Order may be purged if FE complies with the DNA sample order
Full Case Text
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