Committal proceedings are among the most serious steps a court can take in family law cases. They usually arise when one party is alleged to have breached a court order, and the court is asked to consider whether that breach amounts to contempt of court. Given the potential consequences, including fines, seizure of assets, or even imprisonment, it is essential that these proceedings are handled with care, precision, and a clear understanding of the legal framework.
Alex Pearson provides guidance on committal proceedings in the Family Court and the key issues individuals should be aware of.
When Do Committal Proceedings Arise?
In family law, committal applications most commonly occur where an individual has failed to comply with orders such as:
- child arrangements orders,
- financial remedy orders, or
- undertakings given in place of a non-molestation order.
For example, a person may be accused of repeatedly preventing contact between a child and the other parent, or of ignoring an injunction designed to protect someone from harassment or harm. In such situations, the affected party may apply to the court to enforce the order through committal proceedings.
However, before bringing any application for committal, it is crucial to establish whether the Order or undertaking contains a ‘penal notice’, which is a warning that non-compliance can lead to contempt of court proceedings.
The Burden of Proof in Committal Proceedings
The burden of proof in committal proceedings is higher than in most other family cases. While many family law matters are decided on the balance of probabilities (that something is ‘more likely than not’ to have occurred), allegations of contempt must be proven to the criminal standard, which is beyond reasonable doubt.
This reflects the potentially severe consequences for the accused. As such, courts require clear and compelling evidence before making a finding of contempt. It is worth noting that the burden of proving the case lies with the person bringing the application for committal. It is not for the person accused to have to show that they did not do what is alleged.
Rights of the Respondent
The respondent in committal proceedings must be given proper notice of the hearing and the opportunity to obtain legal representation. They also have the right to remain silent and cannot be compelled to give evidence against themselves.
In many cases, legal aid may be available for representation within the proceedings. Because committal proceedings are technically criminal proceedings, it is not unusual to see the barristers in the case appearing in court in wigs and gowns, which is uncommon in most family proceedings.
Potential Outcomes and Penalties
If the court finds that a breach has occurred and amounts to contempt, it will then consider the appropriate penalty. The court has a range of options, including:
- imposing a custodial sentence (which may be suspended),
- ordering a fine, or
- requiring the individual to comply with the original order within a specified timeframe.
The court’s primary aim is not just to punish non-compliance but also to ensure that future Court Orders are complied with.
Committal Proceedings as a Last Resort
Committal proceedings should be seen as a last resort when it comes to breaches of Orders. Where possible, disputes should be resolved through discussion, mediation, or other forms of dispute resolution before resorting to enforcement.
However, where breaches are serious or persistent, committal proceedings may be necessary to uphold the authority of the court and safeguard the rights of those who required Court Orders in their favour in the first place.
Seeking Legal Advice
Given the complexity and seriousness of committal proceedings, it is crucial for anyone involved, whether bringing or defending an application, to seek expert legal advice at an early stage. Proper preparation and understanding of the process can make a significant difference to the outcome.
If you are involved in committal proceedings or require advice about enforcing or responding to a family court order, contact our Family Law team in Birmingham for support on 0121 643 4121.
