Contempt and committal in family proceedings

The Practice Notes in this subtopic consider the different types of contempt of court in family proceedings and the procedural requirements for applications to commit for contempt (sometimes referred to as committal proceedings) contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 and the supporting practice direction FPR 2010, PD 37A.

The different types of contempt in family proceedings

There are a number of different forms of contempt of court and FPR 2010, SI 2010/2955, Pt 37 provides a common procedure for all of them. The different forms of contempt in family proceedings include:

  1. non-compliance with a court order or undertaking—a wide range of orders made in family proceedings may be enforced by committal; an injunctive order that directs a person to do an act at or within a specified time, or to abstain from doing an act, or an undertaking to similar effect which incorporates a penal warning notice, may be enforced by an order for the committal of that person to prison for contempt, on the application of the person entitled to the benefit of the direction or undertaking,

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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