R -v- R [2014] IEHC 648 (28 November 2014)

R -v- R [2014] IEHC 648 (28 November 2014)

The respondent failed to comply with the maintenance order of 16 July 2014, and the court is satisfied beyond a reasonable doubt that this failure is due to refusal rather than inability to pay. The procedural requirements for attachment and committal have been met. The respondent is found in contempt and is ordered to be committed to prison unless he purges his contempt by paying the outstanding maintenance.

Citation
[2014] IEHC 648
Parties
Applicant: R; Respondent: R
Jurisdiction
Ireland
Judgment Date
28 November 2014
Procedural Posture
Family Law Divorce Ancillary Proceedings / Motion for Attachment and Committal for Contempt
Outcome
Respondent found in contempt; order for attachment and committal to prison for 28 days, with stay to allow payment of outstanding maintenance.
Legal Topics
Maintenance Orders, Enforcement of Court Orders, Attachment and Committal, Contempt (civil and Criminal)
Family Law Contempt of Court Maintenance Orders Enforcement of Court Orders Attachment and Committal Contempt (civil and Criminal)

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

R

Applicant

R

Respondent

Procedural Posture

Family Law Divorce Ancillary Proceedings / Motion for Attachment and Committal for Contempt

Legal Issues

  1. 1 Whether the respondent failed to comply with a maintenance order of the court dated 16 July 2014
  2. 2 Whether the respondent's non-compliance was due to refusal or inability to pay
  3. 3 Whether the requirements for attachment and committal for contempt were satisfied

Ratio Decidendi

The respondent failed to comply with the maintenance order of 16 July 2014, and the court is satisfied beyond a reasonable doubt that this failure is due to refusal rather than inability to pay. The procedural requirements for attachment and committal have been met. The respondent is found in contempt and is ordered to be committed to prison unless he purges his contempt by paying the outstanding maintenance.

Court Disposition

Respondent found in contempt; order for attachment and committal to prison for 28 days, with stay to allow payment of outstanding maintenance.

Orders

  • Respondent to be attached and committed to prison for 28 days unless he purges contempt by paying €19,200 outstanding maintenance by 2 December 2014.
  • Costs to the applicant, taxed in default of agreement.