Hi, it Deborah,
You may remember that I recently posted about the case of Hart v. Hart where the husband continually ignored the Court's order and eventually was imprisoned despite being 83.
I unfortunately see acts of contempt in respect of the Judge's order being complied with in divorce matters again and again.
The only way that you as the party who is being affected by the delays in the divorce, not only from an emotional and stress point of view, but, also from a costs perspective is to make an application to the Judge and prepare a Statement in support in forensic details, stating and providing evidence for each and every act of contempt.
If you do this and attend Court with a copy of the case of Hart v Hart which supports the Court's approach hopefully you will be able to get an order from the Judge either providing an order with a penal clause attached or an order requesting the imprisonment of the party who is failing to comply with the Court's Order and using this a tool to stress you out.
Please understand we are not talking about one or two matter (though that is a start and unless there is an exceptionally good reason i.e. someone is in hospital etc) don't forget to request your costs for the attendance. On several occasions my clients have turned up with a barrister only for their partner not to turn up, well the barrister still needs to be paid!!!!! So as stated try and get your costs. It is up to a Judge but if you don't ask you definitely will not get.
Some months ago I assisted a client to prepare not only such a document, but I also prepared them for the hearing itself, knowing that if my client's partner did not turn up it was likely the judge would adjourn the matter. However I pointed out that there was an allotted time for the hearing and as they had turned up they needed to inform the Judge of the background of the matter regardless. They were a bit intimidated but they did it, got their point across and obtained an order with a penal clause attached (if their partner did not turn up at the next hearing they would be imprisoned. Guess what he turned up at the next hearing!!!!
You need to prepare and prepare well. There is a particular procedure that you need to follow when making an application for imprisonment as a result of a contempt of the Judge's order
If you need help with that preparation and following that procedure give us a ring on07940384785 or e-mails us on affordablelawforyou@gmail.com
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