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Family Law

The leading authority on all aspects of family law

31 MAR 2014

The Family Court (Contempt of Court) (Powers) Regulations 2014

These Regulations may be cited as the Family Court (Contempt of Court) (Powers) Regulations 2014 and come into force on 22nd April 2014.

These Regulations limit the powers exercisable by certain judges of the family court when dealing with an individual for certain types of contempt of court in the family court. Unless specified in these Regulations the maximum committal powers available to judges of the family court will be the powers currently available to the High Court (section 14(4B) of the Contempt of Court Act 1981 (c.49) and section 31E(1)(a) of the Matrimonial and Family Proceedings Act 1984 (c.42) as inserted by Schedule 10 to the Crime and Courts Act 2013 (c.22)).

Regulation 3 limits the committal powers exercisable by a judge of district judge level when dealing with an individual for contempt in the face of the court to a maximum period of one month.

Regulation 4 limits the committal powers exercisable by a lay justice when dealing with an individual for contempt of court for breaching a judgement, order or undertaking in the family court, other than for the payment of money, to a maximum period of two months. Regulation 4 also limits the committal powers exercisable by a lay justice when dealing with an individual for contempt in the face of the court to a maximum period of one month.

Regulation 5 limits the level of fine a judge of the family court, except a judge of High Court judge level, may impose when dealing with a person for contempt of court in the family court to an amount not exceeding level 5 on the standard scale. For a judge of High Court judge level there is no maximum level of fine for contempt of court.

The SI is available to download here.

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