W v S (Committal) [2015] EWFC B130 (25 August 2015)

W v S (Committal) [2015] EWFC B130 (25 August 2015)

The respondent wilfully and persistently failed to comply with clear court orders to provide a fully completed Form E and supporting documents, despite understanding the requirements and being given ample opportunity. The breach is proven to the criminal standard. A suspended sentence is appropriate to secure...

Source-derived case information.

Citation
[2015] EWFC B130
Parties
Applicant: W; Respondent: S
Jurisdiction
England and Wales
Judgment Date
25 August 2015
Procedural Posture
Committal Application Under Schedule 1 Children Act 1989 / Judgment on Committal Application
Outcome
Suspended committal order; final opportunity to comply
Legal Topics
Committal for Breach of Court Order, Disclosure Obligations in Financial Remedy Proceedings, Children Act 1989 Schedule 1 Applications
Family Law Contempt of Court Committal for Breach of Court Order Disclosure Obligations in Financial Remedy Proceedings Children Act 1989 Schedule 1 Applications

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Parties

W

Applicant

S

Respondent

Procedural Posture

Committal Application Under Schedule 1 Children Act 1989 / Judgment on Committal Application

Legal Issues

  1. 1 Whether the respondent wilfully breached court orders to provide a fully completed Form E with supporting documents
  2. 2 Whether the respondent should be committed to prison for contempt of court

Ratio Decidendi

The respondent wilfully and persistently failed to comply with clear court orders to provide a fully completed Form E and supporting documents, despite understanding the requirements and being given ample opportunity. The breach is proven to the criminal standard. A suspended sentence is appropriate to secure compliance, giving the respondent a final opportunity to comply.

Court Disposition

Suspended committal order; final opportunity to comply

Orders

  • Respondent to file and serve a fully compliant Form E with all required documents by 4:00 p.m. on 9 September 2015.
  • If respondent fails to comply, he will serve a sentence of imprisonment of 14 days.