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(Court of Appeal, Sullivan, Davis, Ryder LJJ, 22 May 2013)
During contact proceedings the father gave undertakings not to publish specific information on Facebook and agreed for the court to inspect his account to ensure compliance. During a hearing concerning the father's alleged breach of undertakings, the father did not attend but the matter proceeded in his absence. Based on the evidence provided to the court the judge found the father's contempt proven and sentenced him to 3 months' imprisonment, suspended for 2 years. The father appealed.
The appeal was dismissed. On the basis of the evidence that was before the judge he had been entitled to find the breach proven. The judge also found that the father had deliberately not attended and in circumstances where the hearing had already been adjourned once, the decision to proceed was not appealable.
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