[go: up one dir, main page]

0% found this document useful (0 votes)
35 views11 pages

Order 5.1 - Contempt Application (FC600)

Contempt of court order as part of the divorce proceedings for a part not appearing before a judge

Uploaded by

ttvstone1
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
35 views11 pages

Order 5.1 - Contempt Application (FC600)

Contempt of court order as part of the divorce proceedings for a part not appearing before a judge

Uploaded by

ttvstone1
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 11

Order 5.

1: Contempt Application (FC600)

Contempt application
Rules 37.3 and 37.4 of the Family Procedure Rules 2010

Name of court

Case no./Serial no.

Claimant’s name (including ref.)

Defendant’s name (including ref.)

Date
Day Month Year

1. What is your name or, if you are a legal representative, the name of
your firm?

2. Are you a

Claimant
Legal representative of the claimant

Page 1
FC600 Contempt application (10.21) ©Crown copyright 2021
3. What is the name and address of the defendant?

First name(s)

Last name

Address
Building and street

Second line of address

Town or city

County (optional)

Postcode

Name and address of any other party to be served with the


application If there are other parties
who should be served
First name(s) with this application
please continue on a
separate sheet and
Last name attach this to your
application.

Address
Building and street

Second line of address

Town or city

County (optional)

Postcode

Page 2
4. You must provide written evidence in support of the application Note 4. Written evidence
and attach it to this form. should be provided in
the form of an affidavit
5. Do you require permission to make this application? or affirmation (Rule
37.4(1)), together with any
Yes, You must set out here briefly the reasons (grounds) why supporting documentation.
you say that permission should be granted.

Note 5. Permission to make


a contempt application
is required where the
application is made in
relation to—

(a) Interference with the


due administration of
justice, except in relation to
existing High Court or family
court proceedings;

(b) An allegation of
knowingly making a false
statement in any affidavit,
affirmation or other
document verified by a
statement of truth or in a
disclosure statement.

No

Page 3
To the defendant

If upon determination of this application you are held to be


in contempt of court you may be imprisoned or fined, or your
assets may be seized

Your rights
You have the right to be legally represented in the contempt
proceedings.

You are entitled to a reasonable opportunity to obtain legal


representation and to apply for legal aid which may be available without
any means test.

HMCTS will provide you with an interpreter to support you in the


courtroom if you cannot speak or understand the language used in court.
Please notify court staff if this is necessary.

You are entitled to a reasonable time to prepare for the hearing of the
contempt application against you.

You are entitled but not obliged to give written and oral evidence in your
defence.

You have the right to remain silent and may not be compelled to answer
any question the answer to which may incriminate you.

If you do not attend the hearing, the court may proceed in your absence.
Whether or not you attend, the court will only find you in contempt if
satisfied beyond reasonable doubt of the facts constituting contempt
and that they do constitute contempt.

If the court is satisfied that you have committed a contempt, the court
may punish you by a fine, imprisonment, confiscation of assets or other
punishment permitted under the law.

If you admit the contempt and wish to apologise to the court, that is
likely to reduce the seriousness of any punishment by the court.

The court’s findings will be provided in writing as soon as practicable


after the hearing.

The court will sit in public, unless and to the extent that the court orders
otherwise. Its findings will be made public.

Page 4
The following information is required to be included in the application
pursuant to Rule 37.4(2) of the Family Procedure Rules 2010.

6. Nature of the contempt (for example, breach of an order or


undertaking or contempt in the face of the court)

7. Is the application based on breach of an order?

Yes – go to question 8
No – go to question 11

8. Date and terms of the order allegedly breached or disobeyed


(‘the order’). (If there is more than one such order, set out the date
and terms of each order.)

Page 5
9. Date of personal service of the order

Day Month Year

If the order was not personally served, state the date and terms of
any order dispensing with personal service of the order.

10. Did the order include a penal notice?

Yes
No

11. Date and terms of any undertaking allegedly breached


(‘the undertaking’). (If there is more than one such undertaking set
out the date and terms of each undertaking.)

Page 6
12. Does the claimant believe that the person who gave the
undertaking understood its terms and the consequences of failure
to comply with it?

Yes. Please explain the basis for the claimant’s belief

No

Page 7
13. Summary of facts alleged to constitute the contempt (set these out
very briefly, in chronological order, in numbered points)

Page 8
Statement of Truth
I understand that proceedings for contempt of court may be
brought against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.

I believe that the facts stated in this contempt application


are true.

The claimant believes that the facts stated in this contempt


application are true.

Signature for the Statement of Truth Note: If you are sending


your form by email you
can type your name in the
signature box.

Claimant
Litigation friend
Claimant’s legal representative

Date
Day Month Year

Full name

Name of claimant’s legal representative’s firm

Position or office held (if signing on behalf of a company)

Page 9
Confidentiality
Can your contact details be shared with the defendant or
other party?
Yes
No, you must complete the separate C8 form with your details.
Do not give your details below.

Claimant’s address to which documents about this application


should be sent

Building and street

Second line of address

Town or city

County (optional)

Postcode

Phone number

Email address

Fax number

DX number

Reference number

Page 10
Court fee
What you need to pay
Is this application is being made following a breach of a
non-molestation or occupation order?

Yes, there is no fee to pay


No, you must pay a court fee of £167

How to pay the court fee What if I cannot afford


to pay a court fee?
I attached a Cheque/Postal order, made payable to ‘HMCTS’ You may not have to pay a
A debit/credit card payment fee, or you may get some
money off it if you only
I will pay over the phone, please call me on the number below have a small amount of
savings and investments,
receive certain benefits
please email me details on how to pay, my email address is or are on a low income.
This is sometimes known
as ‘fee remission.’

You can apply for help


In person at the court/office
with court and tribunal
I have not included payment because fees online at www.gov.
uk/help-with-court-fees
I have applied for Help with Fees online and
or through the ‘EX160
my reference number is
Apply for help with fees’
H W F form and ‘EX160A – How
to apply for help with
I am applying for Help with Fees, see attached form EX160 fees’ guidance.
Other – please explain why

Payment by account – for use by legal professionals


Your account number
P B A

Your reference (if applicable)

Page 11

You might also like