Family committal proceedings in England and Wales: hearings, procedure, evidence, standard of proof, absence, sentencing, court powers and legal aid under FPR 2010 Part 37

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Practice notes

Practice Note

This Practice Note reviews the conduct of contempt proceedings under Part 37 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955—often called committal proceedings—covering the standard of proof to be applied to a contempt application, together with practical information about hearings and the treatment of evidence. It also outlines the range of powers the court may exercise in connection with contempt arising within family proceedings. In addition, it addresses what is to occur if the defendant fails to attend the hearing, the defendant’s right to remain silent, and the defendant’s eligibility for legal aid, legal representation and/or an interpreter. For guidance on the preliminary steps for an application for contempt under FPR 2010, SI 2010/2955—including the formalities that must be satisfied before issue, such as (where relevant) the requirement for a penal notice on the order said to have been breached, the requirement for personal service of the order on the defendant, and the circumstances in which permission is needed to commence contempt proceedings—see Practice Note: Family contempt proceedings—preliminary steps. For guidance on the applicable procedure and formal requirements (including what is required as to service), see Practice Note: Family contempt proceedings—making and serving the application...

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Web page updated on 21/05/2026

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