9 January 2025
Contempt of Court in Family Proceedings
By Maria Endall, Associate Solicitor, Hayes + Storr.
Family court cases are often fraught with tension, as they typically represent the final effort to resolve a dispute. Amid this stress, being found in contempt of court, can significantly complicate matters. Understanding what constitutes contempt of court and how to avoid it is essential for anyone involved in family law proceedings.
What Is Contempt of Court?
Contempt of court refers to actions that undermine court proceedings, violate court orders, or disrupt the judicial process. Examples include failing to follow child contact arrangements, withholding child maintenance, disobeying injunctions, or sharing prohibited information about the case, particularly concerning children.
During Court Hearings
Contempt of court can occur when someone interferes with the court rules and process. As soon as you step into a court building there are certain rules and protocols to follow. For instance, you are not allowed to:
• Take photographs or recordings within the court building.
• Behave rudely, aggressively, or violently during hearings.
• Swear, shout, or act disrespectfully toward court staff, the judge, or others involved in the case.
Although signs prohibiting certain behaviours are displayed in court buildings, individuals are responsible for understanding these rules. Legal advisors can provide guidance beforehand to prevent unintentional breaches.
After Receiving Court Orders
Contempt of court also occurs when someone wilfully disobeys a court order. In the context of family proceedings, contempt usually happens when one party breaches a court order by doing, or not doing, something the judge told you to do. Including:
• Breaching financial orders, such as spousal maintenance or child support.
• Disobeying injunctions, such as non-molestation or restraining orders.
• Removing a child from the country without permission.
It is critical to thoroughly review any court order and understand both what is required of you and what is prohibited. Missing deadlines or failing to act can also lead to contempt proceedings.
Consequences of Contempt of Court
The penalties for contempt of court vary and can be severe. Courts may:
• Modify existing orders to protect or compensate affected parties.
• Impose financial penalties to deter future breaches.
• Seize property or assets to enforce compliance.
• In extreme cases, sentence individuals to prison for actions like grossly misleading the court.
Seeking prompt legal advice is essential if you are accused of contempt.
How to Avoid being found in contempt of court
During Court Proceedings:
• Speak only when directed by the judge and follow your legal advisor’s guidance.
• Manage emotions; remain civil and composed even in challenging moments.
• Do not take photographs, make recordings, or publish case details.
After Receiving Court Orders:
• Carefully read all orders to understand your obligations and restrictions.
• Note deadlines and take a proactive approach to meet requirements.
• Seek legal advice to clarify uncertainties and ensure compliance.
Seeking Help
If you need assistance interpreting court requirements, please contact Maria Endall in the family law team on 01328 863231 or email maria.endall@hayes-storr.com.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
