breach

Breach of Court Order can lead to serious sanctions

Family judges have historically been reluctant to take a robust approach with parties who continually breach court orders. However, following the case of Trott v Trott & Angor [2016] it seems that the family courts have decided to turn a corner on this issue. In this recently reported case, a husband and his new wife admitted to breaching court orders, including selling a car and disposing of the sale proceeds from shares, following a freezing order being made against him.

Having been previously warned about the issue, the husband was well aware of the serious consequences of breaching the orders yet continued to do so. His actions led to the judge sentencing the husband to 28 days imprisonment for two lesser breaches and three months for the sale of the share proceeds.

The husband’s new wife was also sentenced to 14 days imprisonment, which was suspended for 12 months, given that she was a full time mother.

Commenting on the case, Hunter & Uro partner, Pui Uro said, “This case is one of a string of recent cases where we have seen a more robust approach taken by family judges. It is essential that parties to proceedings, including the court, can rely upon action being taken or being prohibited by the other party, as the litigation progresses. It is important that the court adopts a robust approach to those that breach orders, to ensure that unnecessary costs, time and resources are not wasted in dealing with these satellite issues.”

It is important that you are fully aware of the orders which you enter into and the consequences of failing to comply. If you are at all unsure, it is vital that you obtain expert advice from a specialist family solicitor. Serving Bedford and London, our lawyers can help you with your family law and divorce matters. Contact us today on 01234 889777 or 0207 177 9777 to speak to a solicitor about how we can assist you.

 

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