Q&As

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 14/09/2016

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?

The first step is to ensure that the penal notice is enforceable. An order may not be enforced under 37.4 of the Family Procedure Rules (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, 37.4) unless there is a warning to the person required to do or not to do the act in question which is prominently displayed on the front of the order. The warning must be clear that disobedience would be a contempt of court punishable by imprisonment, a fine or sequestration of assets. The wording for a penal notice should be as laid out in FPR 2010, PD 37A, para 1.1 (or in words to similar effect):

‘If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and imprisoned or fined, or your assets may be seized.’

If a person fails to comply with an order to which a penal notice is attached, and provided the order was correctly served (under FPR 2010, SI 2010/2955, 37.6 personal service is required unless the court dispenses with this requirement), and the penal notice was appropriately

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