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When a family dispute reaches the court, emotions can be intense, as all other options for resolution have typically been exhausted. At this stage, the last thing you want is to be in contempt of court, which can lead to further complications.

Contempt of court involves actions that undermine or prejudice court proceedings and interfere with the administration of justice. This is something few consider during a case, but it’s important to understand. Poor behaviour or failure to comply with court orders can complicate your situation and increase costs if additional hearings are required.

It’s crucial for everyone involved in a family law case, including friends and family, to understand what constitutes contempt of court and how to avoid it. Avoid asking others to post details about your case on social media or share information about any children involved in the proceedings. This also applies to what authorised journalists can publicly report on when attending such cases.

What is contempt of court?

During the court hearings

Contempt of court can occur when someone interferes with the court rules and process. As soon as you step into a court building there are certain rules and protocols to follow. For instance, you are not allowed to take any photographs, recordings or videos whilst in the building, and especially not in the courtrooms when a hearing is taking place. A controversial figure in the public eye was recently found in contempt for filming parties to a case outside a court building and posting it online.

Additionally, you must always behave appropriately when at a court hearing and remember to be respectful to court staff, including the judge, and anyone else involved in your case. In family matters it is normal and expected for emotions to run high and for parents to react emotively. However, behaving in a repeatedly rude, aggressive or disrespectful way during a hearing, especially when given prior warnings, can land you in contempt of court. Be mindful not to swear in court. It should go without saying that being violent towards anyone during a hearing will most certainly end in contempt proceedings, and possibly other orders against you.

When entering a court building, there should be notices up which prohibit taking photographs or making a recording. However, it is likely that you will be nervous about attending court and it is easy to miss all the various notices and warnings when you are trying to focus on a million other things. The court staff who you meet when entering the court building will not, and are under no duty to, explain how you should behave and what might be construed as contempt of court. It is, therefore, a very good idea to speak to your legal advisors about it well in advance.

Once you have the court order(s)

Contempt of court also occurs when someone wilfully disobeys a court order. In the context of family proceedings, contempt usually happens when one party breaches a court order by doing, or not doing, something the judge told you to do. This can have far-reaching consequences for all parties involved, including you and any children.

These orders can relate to various aspects of family life, including:

• Child arrangements: determining where your child will live and how much time they spend with each parent.
• Financial matters: spousal maintenance, child support, division of assets.
• Injunctions: restricting contact or behaviour between you and your ex-partner.

Typical contempt situations in family court proceedings can include:

• failing to comply with child contact arrangements;
• withholding child maintenance payments from your ex-partner;
• disobeying an injunctive order, such as a non-molestation order;
• removing your child from the country without the court’s permission; or
• disclosing information from court orders or the case, without permission, especially in relation to children.

What happens if I am found to be in contempt?

Whether knowingly or not, if you are found to be in contempt of court you will need to take specialist legal advice on what to do. The penalties can be severe and the court has a broad discretion in what punishments to hand out. Possible consequences could include:

• variation of an order by the court to protect or compensate the aggrieved party;
• you could receive a financial penalty to deter future breaches;
• the court may order the seizure of your property or assets to satisfy a debt or to enforce compliance; and
• in the most serious cases, (for example grossly misleading the court) you could be sent to prison.

How to avoid being found in contempt of court

To eliminate the risk of being found in contempt of court you should:

During the court proceedings

• Do not speak up if not specifically asked to do so by the judge; always be guided by your legal advisors who are present and sitting with you.
• Try to control your emotions and do not react unreasonably to something you do not like.
• When addressing anyone in the courtroom, remember to be civil and non-confrontational. Do not shout, swear or otherwise express yourself in a rude manner.
• Do not threaten or use violence towards anyone in the courtroom.
• Do not attempt to record anything during the hearing, or take photographs anywhere in the court building.
• Do not publish any confidential details of what happened during the hearing.

Once you have the court order(s)

There is always room for human error and it is easy for some things to slip your mind but, when it comes to obeying court orders, a belts and braces approach is key:

• always check your court orders and understand exactly what is being asked of you;
• equally, ensure you are clear on what you are not allowed to do; and
• make a note of any deadline dates by which you have been directed to do something.

Seeking legal advice on your court case and orders will give you clarity and this ensures that you will be reminded of when something has to be done, so you do not breach court deadlines.

How we can help

If you are in the middle of family court proceedings and are being accused of breaching an existing order, or if you just want to make sure that you are obeying a court order, we can assess the situation and advise you on the best course of action.

For further advice please contact one of our Family Law experts.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.