In what circumstances can a family court issue a second committal order for contempt, asks Claire Sanders
In family proceedings, committal orders are orders of last resort to be avoided wherever there is a reasonable alternative available instead. The purpose of such proceedings is to mark the courts disapproval of disobeying its orders and to secure future compliance.The powers of the court to deal with contempt are set out in the Contempt of Court Act 1981 (CCA 1981), in particular, s 14(1), under which the court may commit a person to prison for contempt for a maximum term of two years.
In a case where the respondent has already served the maximum sentence of imprisonment for breaching a previous order can the court impose a further sentence of imprisonment for contempt? That was the issue in Re W (a child) (abduction: committal) [2011] 1 All ER (D) 83 (Aug).
Facts
The parties, who were never married, had a child aged four and a half who lived with the mother
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