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Penal notices
#1
Does your court order contain a penal notice?  I thought mine did.  At the end, in bold, under the warning section it says - 

"Where a child arrangements order is in force:  If you do not comply with a provision of this Child Arrangements order-
a) you may be held in contempt of court and be committed to prison or fined; and/or
b) the court may make an order requiring you to do unpaid work ("an enforcement order") and/or an order that you pay financial compensation"

Now a couple of years ago a Barrister said my order already had a penal notice.  18 months ago a different Barrister said it didn't and this was just a warning.  Apparently for it to be a penal notice it has to be ON THE FRONT PAGE of a court order and (I think) headed "Notice" as opposed to "Warning".

If it is incorrect then an application to send the other party to prison is invalid.  And a case example was where a Judge threw out an application for committal (to prison) because there wasn't a valid warning notice on the order because it wasn't on the front page of the order.

Yet another annoying thing about badly written court orders using a standard format.  It might also be a better deterrant if on the front page.

https://suesspiciousminds.com/tag/penal-...the-order/

The reference to part 37 is here and the wording is

"“penal notice” means a prominent notice on the front of an order warning that if the person against whom the order is made (and, in the case of a corporate body, a director or officer of that body) disobeys the court’s order, the person (or director or officer) may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law."

If it's not on the front page it may not be considered to be a penal notice. The reason for a penal notice is if the applicant, at some stage, wishes to ask the court to commit the other party to prison for breaching. To do that, first there needs to be a (valid) penal notice on the court order, and second, an application for committal (not sure on the details of that). I would think this would only be acceptable in extreme cases.

https://www.justice.gov.uk/courts/proced...t-of-court
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#2
There is on them all but it is an empty threat as the courts do jack all with regards to multiple breaches.
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