AG v JB [2011] ScotCS CSIH_56 (13 July 2011)

AG v JB [2011] ScotCS CSIH_56 (13 July 2011)

The petitioner's persistent, deliberate, and manipulative refusal to comply with court orders for contact, coupled with her lack of candour and bad faith undertakings, justified both the finding of contempt and the sentence imposed; no error or oppression was established in the sheriff's decision, and the petitioner's conduct precluded relief under the nobile officium.

Citation
[2011] ScotCS CSIH_56
Parties
Petitioner: AG; Respondent: JB
Jurisdiction
Scotland
Judgment Date
13 July 2011
Procedural Posture
Petition to the Nobile Officium / Final Judgment on Petition for Suspension of Contempt Finding and Sentence
Outcome
Petition refused; finding of contempt and sentence affirmed.
Legal Topics
Parental Rights and Responsibilities, Contact Orders, Enforcement of Court Orders, Contempt Proceedings, Nobile Officium Jurisdiction
Family Law Contempt of Court Civil Procedure Parental Rights and Responsibilities Contact Orders Enforcement of Court Orders Contempt Proceedings Nobile Officium Jurisdiction

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Parties

AG

Petitioner

JB

Respondent

Procedural Posture

Petition to the Nobile Officium / Final Judgment on Petition for Suspension of Contempt Finding and Sentence

Legal Issues

  1. 1 Whether the sheriff erred in finding the petitioner in contempt in her absence
  2. 2 Whether the sentence of imprisonment for contempt was excessive or inappropriate
  3. 3 Whether the petitioner's conduct justified refusal of relief under the nobile officium

Ratio Decidendi

The petitioner's persistent, deliberate, and manipulative refusal to comply with court orders for contact, coupled with her lack of candour and bad faith undertakings, justified both the finding of contempt and the sentence imposed; no error or oppression was established in the sheriff's decision, and the petitioner's conduct precluded relief under the nobile officium.

Court Disposition

Petition refused; finding of contempt and sentence affirmed.

Orders

  • Prayer of the petition refused as it relates to both the interlocutor of 28 September 2009 and the sentence imposed on 4 November 2009.
  • Hearing appointed to consider whether the petitioner is in contempt of the Court of Session for breach of undertaking dated 13 November 2009.