Re: Autumn issue | Page 72

Not enough hours in the day? We appreciate how busy modern life can be so from October our Brighton and Eastbourne offices will be open until 8pm every Thursday and from 9am to 1pm every Saturday. No appointment is needed, you can just pop in or give us a call. Brighton - 01273 775533 Eastbourne - 01323 730543 Contempt of Court now a stark reality One of the most common questions asked by people when they are considering applying for a court order in respect of children or finances is whether there are sufficient penalties available for a person who continuously breaches a court order. sentence, or an immediate custodial sentence up to a maximum of two years. An immediate custodial sentence is extremely rare and reserved for the most serious of cases as identified in Gulf Azov Shipping Company Ltd and others v Idisi and others [2001] EWCA Civ 21. The very fact that people require a court order is usually due to being at logger heads with the opposing party and the trust they once had no longer exists. Individuals put their faith in the court system in situations where they cannot communicate with the opposing party. Once upon a time the courts approach was to simply give the offending party a telling off and hope they see the error of their ways. Now, the courts are sitting up and realising that the lack of incentive to adhere to a court order is effectively making a mockery of the judicial system and harsher punishments are now being handed out as a consequence. During one of my recent cases, the Respondent was committed to an immediate term of imprisonment on two separate occasions for one month and five months respectively. This was as a result of serious breaches relating to financial proceedings. In circumstances where we could prove there were continued disobedience and un-ashamed lies, an immediate term of imprisonment was ordered. The courts were initially somewhat reticent in making such an order and even more surprising was the lack of procedural knowledge the court had in effecting the order, evidencing that such applications are rarely successful but as time has gone on it would seem the courts are becoming far more open to the idea of imposing serious consequences where serious punishments are due. The same procedures and outcomes are available for breaches of a Child Arrangements Order. Each breach will be case specific. Minor breaches continue to be dealt with by way of a simple telling off and the ‘breacher’ warned not to do it again. Some will have their orders amended to make the terms more suitable to the parties so the chances of any further breaches are reduced. More serious breaches could be held in contempt of court and could go to prison, which is exactly what appears to be happening recently. Offices across Sussex 70 Laws relating to contempt of court have developed over the centuries as a means for the courts to prevent conduct that tends to obstruct, prejudice or abuse the administration of justice. There are two types of contempt, contempt by disobedience where the contemnor simply disobeys the terms of the order or breaches an undertaking and contempt by interference where the contemnor disrupts court proceedings or the administration of justice. Contempt of court can be either civil or criminal in nature but most are dealt with in a civil capacity. As a result of the potentially serious consequences of being found in contempt of court, the standard of proof rises to the criminal standard, beyond all reasonable doubt and the burden lies with the Applicant to prove as such. from a change in legislation in April 2014. New rules brought into force the Single Family Court and in conjunction with the County Courts Remedy Regulations 2014, District and Circuit Judges are now able to hear applications for committal proceedings rather then just High Court Judges. This opens the gateway for more applications and puts the power back into the hands of the courts that originally imposed the orders. Any punishment for contempt of court will often be of little consolation to the wronged party (unless of course you relish in the idea of seeing your opposing party being taken away in handcuffs) but at least one can be sure that the court has the appropriate powers in place to enforce orders and punish those who choose to think they are above the law. Before you consider lying to the court or failing to adhere to court orders, think again! The courts are tougher than you think. Equally, if you think your opposing party is likely to be difficult during proceedings and might potentially breach orders, speak to a member of our family team as we have significant experience in this area. By Tia Clarke The courts sudden change of heart appears to stem The wronged party would need to apply for committal proceedings to prove their opposing party’s contempt and the penalties for being found in contempt of court range from a fine or seizure of assets, a suspended custodial 71