J, Re (Committal Decision) [2025] EWFC 80 (B) (28 March 2025)

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

AS

Applicant

FE

Respondent

Procedural Posture

Private Law Children Proceedings (children Act 1989) / Committal Decision Following Contempt of Court

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