In the matter of YY 01-Feb-2021 [2021] JRC 030 (01 February 2021)

In the matter of YY 01-Feb-2021 [2021] JRC 030 (01 February 2021)

Both parents breached undertakings by making inappropriate social media posts, but the Father's breaches were more serious as they involved public disclosure of private court documents and naming the child, directly placing the child at risk. The Court applied an objective test for contempt, found the breaches proven, and imposed a fine and reprimand on the Father, and admonished the Mother. The undertakings were discharged as they no longer served their purpose.

Citation
[2021] JRC 030
Parties
Applicant/respondent: Father; Respondent/applicant: Mother
Jurisdiction
Jersey
Judgment Date
01 February 2021
Procedural Posture
Contempt Proceedings Within Family Law Context / Judgment on Cross Applications for Contempt and Related Orders
Outcome
Contempt proven against both parties; undertakings discharged; sanctions imposed.
Legal Topics
Breach of Undertaking, Social Media Misconduct, Disclosure of Private Proceedings, Parenting Orders, Sanctions for Contempt
Family Law Contempt of Court Breach of Undertaking Social Media Misconduct Disclosure of Private Proceedings Parenting Orders Sanctions for Contempt

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Parties

Father

Applicant/respondent

Mother

Respondent/applicant

Procedural Posture

Contempt Proceedings Within Family Law Context / Judgment on Cross Applications for Contempt and Related Orders

Legal Issues

  1. 1 Whether the Mother and Father breached undertakings given to the Court regarding social media and disparaging comments
  2. 2 Whether the breaches amount to contempt of court
  3. 3 Appropriate sanctions for contempt in the context of family proceedings

Ratio Decidendi

Both parents breached undertakings by making inappropriate social media posts, but the Father's breaches were more serious as they involved public disclosure of private court documents and naming the child, directly placing the child at risk. The Court applied an objective test for contempt, found the breaches proven, and imposed a fine and reprimand on the Father, and admonished the Mother. The undertakings were discharged as they no longer served their purpose.

Court Disposition

Contempt proven against both parties; undertakings discharged; sanctions imposed.

Orders

  • The Father is fined £100 for breaches of undertaking, payable in weekly payments of not less than £5 within 6 months, with one month's imprisonment in default.
  • The Father is seriously reprimanded for his conduct.