CH v CT

Family proceedings – Orders in family proceedings. If a child arrangements order under s 8 of the Children's Act 1989 was to be enforced by committal, it had to comply with the provisions of FPR 37.9 and Practice Direction (PD) 37A concerning a penal notice. The Family Division so ruled in setting aside a suspended committal order which had been made against a mother who had failed to comply with a child arrangements order (the order), providing for contact between the child, her paternal grandmother and the grandmother's partner. The court, in allowing the mother's appeal, held that, notwithstanding the mother's failure to comply with the order, there had been no power to make a suspended committal order in circumstances where the notice on the front of the order had failed to state that non-compliance with it would be a contempt of court, punishable by imprisonment.

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