Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
Spotlight
A day in the life Of...
Read on

Applying to commit for breach of a child arrangements order

Date:19 JUL 2018
Third slide

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 ...

Read the full article here.