W v S (Committal)

I am dealing with an application for committal today, brought by the applicant, W, against the respondent, S. Although the application was heard in open court, I am anonymising this judgment as a young child is involved. The proceedings concern an application under schedule 1 to the Children Act 1989, relating to the daughter of the parties, A, who was born on 11 th December 2009. The alleged breach is a failure to comply with orders to complete properly, and in accordance with the rules, a Form E in these proceedings. The applicant is represented by counsel, the respondent appears in person.

The matter then came before the court again, on 10 th July, before Deputy District Judge Glasner, on a first appointment and also to consider the applicant's application for a legal services payment order. That hearing had to be adjourned because, as it records at para.5 of the recitals, "of failure by the respondent to comply with the court's order to file and serve a fully completed Form E with all relevant documents attached". The recitals go on to say:

"And, upon the court reiterating to the respondent the need for him fully to complete his Form E with all required attachments (including, for the avoidance of doubt, unredacted bank statements)."

The application for committal was listed for hearing today before a circuit judge and it has now come before me. The first appointment had to be adjourned, together with the application for the legal fees payment order, and that has now been listed on 23 rd September, before a district judge of this court, with a time estimate of two hours.

"Any information or documents disclosed within these proceedings shall, unless otherwise ordered by the court or permitted by the Family Procedure Rules 2010, be kept confidential by the parties and may only disclosed to their legal, or other professional, advisors."