Divorce and Contempt of Court

Author: Lorna Elliott

During divorce court proceedings an individual can be held ‘in contempt of court’. This means that an order has been made against a person, or organisation, that has been disrespectful or disobedient of the court’s authority.

If you need to explain your position to the court regarding contempt allegations, you can prepare your response using our free Court Statement Writer.

Who Can Be Found to be in Contempt of Court?

The threat of being in contempt of court extends to anyone involved in the court proceedings, such as journalists who are reporting on a court case, claimants, defendants, lawyers, witnesses or anyone else. The most common reasons for being found in contempt of court are:

Disobedience of a court order
Publishing material that could jeopardise the prospect of a fair trial
Disrupting the proceedings in some way, such as heckling from the public gallery, swearing, or allowing your mobile telephone to go off in court (some judges will put someone in the cells if this happens even once in court)

Father's Rights Checker

Check what legal rights you have as a separated father. Takes 2 minutes.

Try our Father's Rights Checker free, here on this site →

What Happens When Someone is Found in Contempt of Court?

A judge has a wide discretion to determine how to deal with contempt of court. Often an individual will be taken down to the cells, or an organisation (such as a newspaper) will be given a fine.

In divorce proceedings, the behaviour that often leads to a finding of contempt of court is something that one of the parties to the proceedings does. In order to be found in contempt of court, you must be present at the hearing when the judge rules that you are ‘in contempt of court’. To establish whether or not you are in contempt, the judge will have to consider whether you were aware of what the law is, whether you knew what effect your actions (or failure to act) would have on the proceedings, and whether you deliberately meant to disregard the order or break the law.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

High Court Proceedings

If your divorce is being heard in the High Court, you could be found in contempt if you fail to attend court despite there having been a subpoena issued to secure your attendance. This could result in the police being instructed to arrest you after the judge orders a ‘bench warrant’.

In reality, you may be able to avoid being arrested and brought to court by police if you write the court a grovelling letter of apology giving reasons as to why you failed to attend.

Failing to Comply With a Court Order

If you fail to comply with a court order, and the order warns you that failing to comply may result in you being sent to prison, proceedings can be brought against you. While it is possible that you could theoretically be sent to prison, it is more likely that you could be fined, or that proceedings are dropped with the right apology.

If there is an injunction in place preventing disclosure of a document, and you go ahead and give it to the press, for example, you could also be found in contempt of court.

For more information on divorce proceedings, read our articles Divorce And Perjury and Divorce And Perverting The Course Of Justice on this site.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Father's Rights Checker lets you check what legal rights you have as a separated father. Takes 2 minutes. Try it now →

Showing 20 of 30 questions

Ask Separated Dads a Question

Scarpane 21/04/2022 at 6:30 pm

In 2015 I had to leave an abusive relationship and go to a refuge ,I was in poor health due to the relationship.I was told to go no contact by the refuge probably not good advice I realise now .but I was in poor mental state and suicidal because of the children.I eventually got out of the refuge to work nearer to the children, 7 months had gone by and my wife refused me contact with the children. I was very fragile and this sent me down to suicidal thinking again.she was already in a new relationship and posted pictures on Facebook of her and her new partner ,it was an awful time for me.I lost my job because of poor performance. I moved back to my home town.I was on benefits for a few months and was forced of them by the dwp who disregarded my circumstances. I struggled for years in poor employment and in poor health paying child maintenance and 17000 pound of debt which some of which was in her name .years past I could bare the fact no one had even tried to contact me it was devastating .In 2019 while on lockdown I found she had got a divorce and had remarried with out any contact with me .My investigation has found the divorce took place in 2016, 8 months after the separation and a marriage in the same year.Ive been ruined by this in such poor financial state because of the debt and the situation of no child contact or agreement of any kind. I contacted the police ,at every turn it comes back to litigation through civil means.i have no money for solicitors. I need some advice of how to highlight to the court that my signature had been falsified to avoid litigation and mediation as she refinanced her debt during the marriage with a mortgage with my name on it .She has hidden assets and now has moved house closed relevant accounts and am now left paying 15000 pounds of her debt which is in joint names.She would not ask for a divorce as she knew she owed me money,the children where always used as weapons to threaten me with abandonment, which she followed through. I've had my life ruined and my health has suffered.im at a loss and am trying to move forward but at every turn it all about this divorce which gave her the power to get away with everything, any advice would be appreciated.

Bossyboy 28/07/2020 at 9:16 pm

Hi. I am divorced and have monthly access to my daughter granted by the family court. It was not dependant on maintenance. Prior to covid I never missed a monthly payment for four years,now I have lost my income, I reduced payment to a nominal sum and made up the defecit with the first govt grant and will make up the new deficit with the second grant. My ex is stopping me seeing my daughter until my finances are sorted. She is therefore in contempt of the order. What is my next step please.

Albert 20/06/2019 at 11:11 am

Thank you for taking the time to help me.

I am going thru a messy divorce. I have been ordered to provide information, I cannot provide this information because if I do I will be killed or very seriously harmed (I was involved with the wrong crowd), so I have to keep my mouth shut and not be seen to be helping law enforcement and courts etc, it leaves me in a very difficult position, I do not want to be held in contempt of court and goto prison, but on the other side its a much safer option then being dealt with by others.

What I wish to ask is, how long can I be sent to prison for, ive never committed any crime, I point blank will not comply with the order, so I dont see that any other option but prison being given.

If you could give me an indication of how long I could expect that would be great, ive googled around and found that a guy in London got 6 months and an 83 year old gentleman got 18 months...

Any help and advice you could give would be much appreciated.

Would telling the judge either personally or thru my barrister that I am at risk of death or serious harm if I comply make any difference or will they just think its an easy get out for not complying.

Thank you

nhkeb 04/06/2019 at 8:40 pm

Having previously had to sign an undertaking not to try to change the child's school on pain of fine or prison, the parent is ordered again by the Family Court that the child 'shall go' to a certain secondary school. The court warns the parents that an appeal may be necessary, but should still be undertaken to accomplish the purpose of the court. After the final school appeal process starts the first parent submits a long statement and 'evidence' to convince the panel to allocate the child to the school, which had been declined by the court. The panel dismisses the appeal.

Is the first parent liable to contempt of court, and also the county court, which is full aware of the legal position, for assisting the parent disobeying the order to defeat the purpose of the court?

fish 25/01/2018 at 11:24 am

My 32 year son has a joint mortgage of 3 years and two boys age 8 and 10 in march. His girlfriend of 12years has decided she does not love him any more and asked him to move out, she thinks she can run the house on her own but only works 22hrs a week so she said her benefits will go up. He has stayed with me for two weeks but is going back this Friday as I can not permanently put him up and he cannot afford to rent anywhere. He is devastated as he has just finished the kitchen for her. What rights does he have? He has never hit her but has spoken to her horrible but not name called and they have just set up a joint account which she has control of.
Please can you send me some advice.
fish

SeparatedDads Editor 21/04/2017 at 2:24 pm

I'm afraid this is beyond our remit to advise. Scottish family law may be different to English ones, so this makes it impossible to predict what a court may decide. We certainly couldn't contradict your lawyer's advice as he/she is much more familiar with the circumstances. But, a further professional opinion may be helpful here.

Dee 21/04/2017 at 1:03 am

I and my husband made a decision to relocate our family from Edinburgh to aberdeen due to my eldest getting into a bad social circle. My husband changed his mind the next day and left the family home. I continued with the plan to move as this was in the best interest for my kids. I moved then my ex served me papers for court with a interdict stopping me moving but I had already moved and now supposedly I'm in contempt of court. My lawyer has told me if I don't move back then my ex husband will get the children. I am in able to return as we will have no home and the kids no longer have there place in schools and nursery. The are settled and enjoying there new schools/Nursery's and we have my whole family as support. My lawyer has said I am going to lose my kids next week as I broke the law. I 100% did not know I had to apply to court to move a little over 2 hours away. Please can someone help am I really going to lose my children. Thank you

Anna 06/01/2017 at 10:48 am

I think my husband may of filed for divorce and forged my signature. We live together,says he loves me. We are approaching out 10 yr mark and I will be entitled to half his retirement then. I keep seeing in our search browser my divorce papers login. As well as when to send out wedding announcements. Gifts for groomsman,the Knot and wedding registry at Bed Bath and beyond. How do I find out,I think he did it outside of Colorado where we live.

Gabe 13/06/2016 at 8:40 pm

I failed to attend a court order child modication and the judge placed a warrant with a 4000 sure pay. What can i do to rwmove the warrant if i am unable to pay???

Vince 29/04/2016 at 10:15 am

I am in the midst of a divorce proceedings.

I wonder if you know any case laws in the UK that contempt of court on child custody resulted a judgement / punishments being decided?

Would be great if I can have the case name and references directions if possible.

This will tremendously help for me to get the case moving and the services needed.

Thanks.

SeparatedDads Editor 02/03/2016 at 1:57 pm

I can't advise directly. Your only option to see whether this can be followed up would be to consult a solicitor who can analyse the documents and evidence to see if you have a case to answer.

Breezer 01/03/2016 at 10:49 pm

My ex husband divorced me whilst I was vulnerable. Due to an accident at work, i was left disabled and for pain relief took oramorph. I'm free of oramorph, divorce in 2012, and have found an asset that he hid in his mistresses name and boss. He claimed on the Internet that he was a resident of the property but on the form E he used an address that we rented out. In court under oath, he told the judge he had nothing to do with the other house and merely put two people together. I have managed to get the planning application for the house, and his signature is on it. Is this a clear case of perjury etc.

scas 18/12/2015 at 8:14 am

@SeparatedDads. Ref my last, I am in the UK. Lancashire.

SeparatedDads Editor 17/12/2015 at 2:17 pm

I am sorry to hear this. I'm afraid as we are a UK-based website dealing in only UK-based family law, we can't answer your question. However, I hope some of our other readers might and I hope you manage to sort these issues out soon.

scas 16/12/2015 at 7:31 pm

Me and my wife of 7 years split recently. She left the marital home to reside with her sister. I stayed at the family home with our 2 children. We had agreed that she would see the children every night after school till 7pm and alt weekends. On her first weekend seeing the children she failed to turn up on one of the days. The previous day i had to report her to the police for treating to have me arrested and have my locks drilled out of my home because she had wanted a dress and pair of shoes to go for a night out that evening. This had a massive effect on the kids, and they were hurt by her not collecting them. I began thinking it had something to do with the fact I HAD PAID to go to mediation and put a child arrangements order into court earlier that week. I told her sister that if she was going to use the kids as a weapon because she did not like the fact i had made the first move in the interest of the children then maybe it would be best if i arranged contact center for her so the children would not be hurt again. Again this did not go down very well.
She turned up to my property with the police the following day (I requested due to threats) to collect the rest of her belongings. That resulted in her removing all the children's clothes, police said cival matter. The next day i informed the school that she might try to remove them but thay told me without an order they couldn't stop her. I then went to social services who told me the same and cival matter? If the shoe had been on the other foot i would have been arrested and charged with breach of the peace?? I have since found out she has relocated herself and my children across the country to a women's refuge claiming DV and i do not have any contact with them what so ever as she will not respond, changed mobile number, ect. I have parental responsibility which she is denying me of. Surely thats against the law?
I have now been to 3 court hearings which she has not attended any of. My question is this... If the children were already stable i.e school, support, health, ect and she is clearly not bothered about the courts orders to attend. Why is it taking so long to get things sorted out? I do understand that my needs are not important but the childrens are. The longer this is allowed to go on the more i feel it will be unfair to remove them back to my care as i want to disrupt them as little as possible so they dont get/feel hurt. I put all my trust into the justice system which seems to be failing me as far as im concerned. And she is able to do as/what she wants regardless with no consequences.

christie 28/08/2015 at 8:29 pm

My ex wont bring my 4 yr old son home after hes had him for the week. I have been to court twice before and obtained a court order saying he must bring him back or could be in contempt.
The judge got him to sign an undertaking to the court that he would always return him but continues to break the promise and now with school approaching threatens to keep him,stating safeguarding issues as the reason. This isnt the first time this has happened.
I am desperate and very stressed about the whole thing. Please help!

SeparatedDads Editor 24/06/2015 at 1:51 pm

@JG - please see link Breach of Contact or Residence Order: What to Do here. I hope this helps.

JG 22/06/2015 at 12:02 pm

Hi 3 weeks ago I was in court, fighting to have access to my children. My EX made some horribly false accusations. For now I was allowed to write to the children and that the mother would email me updates every 2 weeks with photos. This was stipulated by the judge. I have sent the children a letter and had it sent recorded delivery, the mother has not accepted this letter and is sat at the post office waiting for her to collect it. She has also sent no emails or updates. During this 3 week period I have head nothing on my son's 2nd birthday and recieved nothing on fathers day. Is this classed as contempt of court on 2 counts? If so what would the likely punishment be?

SeparatedDads Editor 30/04/2015 at 11:49 am

@Sal - sorry to hear this. Yes, in order to avoid the hefty legal costs you can self-litigate, see link Legal Aid Withdrawal: How to Represent Yourself here. You can also apply for the help of a McKenzie Friend to help you with your case, see link: Using a McKenzie Friend in Court, whichYou will need to make sure your case is well-researched, as a professionally presented case means you are not wasting court time. As your ex is in breach then it is important you take it back to court in order to get the result you need and want. An application for an enforcement order, or for financial compensation, can be made using form C79, which may also be downloaded from the HMCS website. The application may be made to the court which made the contact order or to any court which has the power to deal with family cases. I hope this helps.

Sal 27/04/2015 at 3:29 pm

The court offered me Contect to my children but my ex said only supervised and that I would have to pay 50 pounds an hour to which I said that I could not afford it, that court kept the option open. After leaving the court I found an organisation who offered me free 6 visits which would have seen me till the next court date but my ex refused the visits.she is in contempt of court but if I were to take her back to court I would have to pay about 200 pounds court fees which I can not afford. Is there any way I can take her to court without it costing me. My case is due to be heard in 2 months time, I have not seen my children since December, please can anyone HELP

Show All 30 Questions

Ask Separated Dads a question

Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.

You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.

Comments are moderated before publication.