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Applying to commit for breach of a child arrangements order
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Family analysis: Sarah Keily partner at Thomson Snell & Passmore in Tunbridge Wells discusses the decision in CH v CT [2018] EWHC 1310 (Fam) [2018] All ER (D) 03 (Jul) which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.
What are the practical implications of this case?
The judgment handed down by Baker J makes it clear that the procedural requirements set out in the Family Procedure Rules 2010 (FPR 2010) (SI 2010/2955) Pt 37 and FPR 2010 PD 37A must be strictly complied with if the court is to make an order committing a party to prison for non-compliance with a child arrangements order. The fact that a party has failed to comply with an order does not empower the court to make a committal order if the procedural requirements have not been complied with.
Practitioners should be mindful of the fact that a committal order cannot be made in respect of a child arrangements order unless there is prominently displayed ...
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