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Friday, 30 March 2018

Can I get a committal order against my partner for non-compliance of the Judge's Order

The below link is about a Respondent in divorce proceedings being sent to prison despite his being 83 and under treatment for prostrate cancer as a result of continually breaching orders that the Court.
Judge Wildwood had found that the Respondent's contempt was continual, that the Respondent lied whilst giving oral evidence in an attempt to try to hide that fact that he had not complied with the Judge's orders, and that he was not even slightly sorry about his failures to comply with the Court's Orders. Further, his non compliance with the Judge's order was motivated by a desire to show his resentment about the financial orders made by the Judge in the Applicant's favour. The Judge found that the constant non compliance with his orders was intended to bring very significant pressure and expense on the Applicant.

The only thing that upsets me about this is that both parties were in a financial position to keep going in the Courts, most clients I meet just become utterly exhausted both emotionally and financially from the process of trying to fight their ex-partners through the Court, it can even make them really ill, but at least those of you who are going through this horrible process know that there is case law that means that your ex-partner can be committed to prison if you can prove that they are acting in a similar manner to the Respondent in Hart v. Hart.

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This article is form information purposes only. 

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