Father sent to prison for breach of court orders

Family Law|August 15th 2014

A father whose son was put up for adoption has been sentenced to prison for “serious breaches” of court orders.

In Suffolk County Council v H, the man’s son had been the subject of care and placement orders in August 2013. A care order gives the local authority parental responsibility for a child and a placement order gives them permission to put the child with a new family.

The father responded by sending a home-made DVD to Suffolk County Council accusing them of lying in court in order to have his son taken away. He read out sections of the judgment which were critical of the council and threatened to “go public” if the decision was not reversed.

In response, the council sought ‘injunctive relief’ against him. Injunctive relief is a court order which forbids certain actions. The council’s application was granted and the man was told he could not show the DVD to “any newspaper, journalist or media organisation”, or make its contents public in any way.

Not long afterwards, the man uploaded the video to YouTube, and tweeted links to the video “to countless celebrities, politicians and media organisations”.

Suffolk County Council took the man to court. During the hearing, he threatened to kill the local authority service manager if anything happened to his son. This added a contempt of court charge to his breaches of court orders.

Sitting in the Royal Courts of Justice in London, Mr Justice Moor said the father had committed “very serious breaches” of the court order and that a fine would not be sufficient. Therefore he ordered that the man serve two months in prison.

In a postscript to the judgment, the Judge said the man had since applied to have his contempt ‘purged’ (cleared). He apologised to the judge and said his time in prison was a “nightmare” he did not wish to repeat. The judge accepted his application and released him from custody.

The case served as a reminder that court orders “should be obeyed at all times”, added the judge, and that the consequences of a breach were very serious.

To read the full judgment, click here.

Photo by Michael Coghlan via Flickr

Author: Stowe Family Law

Comments(18)

  1. Luke says:

    ‘The council’s application was granted and the man was told he could not show the DVD to “any newspaper, journalist or media organisation”, or make its contents public in any way.’
    ======================================================================
    .
    Why can’t he show the evidence he has to the media ?
    If the evidence is nonsense they’ll just ignore it – because if they present claims that cannot be substantiated they will be wide open to libel.
    .
    I understand about the threats and the fear of publicly naming the boy being a problem – although there is no suggestion that he or any reputable media outlet would actually do the latter anyway – but if he has evidence that can be scrutinised why does he have to be gagged on these particular matters ?

  2. Name Witheld says:

    i am that man , i was released tuesday the 12th from pentonville north london , i cant say too much on here except to say with the level of evidence that i have on scc would not be allowed in a crimnal court of law and 2ndly i was held in prison unlawfully as far as im concerned why ? i did not lie on oath when giveing evidence in my sons case certain civil servants that work in public office did .

    • Shaleen says:

      I think the way this has been treated is absolute disgusting, SS are a bunch of lying toads and will do anything to get the numbers up on their files, I think it’s so wrong that any child should be taken away from their parents, I am a mother of 4 and god help if this happened to me there wouldn’t be a court in this country that could shut me up if I had something to say and I knew I was right good for you for sticking up for you’re son can they not see that by you doing this you are a concerned father unlike a lot of children under ss who’s parents can’t give two hoots…………I know personally through a friend of mine the heartache that comes when a child is taken away and adopted good for you for sticking up for you’re son

    • Name Witheld says:

      My son and daughter were adopted in March of 2014 , I was promised through the court to have 3 in direct letters to and from my children . I recently received my first letter that was typed out and not hand written as said in court it had very brief things . Kids are fine they are doing well at school etc . hope your ok . S&A . M y kids initials are H&B . These family courts need to be closed

    • Name Witheld says:

      U are a inspiration mate never stop they snatched are kids for 8 months but we won are case 18 weeks ago thanks to a independant social worker telling court ss had lied but they didn’t get done wonder why Where there’s a will there’s a way they already had adoptive parents lined up for are kids then after the final hearing disrespecting the court called a cp meeting straight away that’s contempt of court straight away but we won that aswell

  3. rob says:

    As someone with inside knowledge of this case, I would just like to add that when Mr H went to court the first time for injunction proceedings, It was asked if images/details of child were removed from the DVD would he still be breach of the order, the reply was yes. So it is clear the reason for the injunction is to protect the local authorities failings and not the childs future.

  4. Richard Wilson says:

    Why was the judge not arrested for abuse of office, by not allowing crucial evidence to be submitted that highlights the fragrant abuse by the relevant authorities?

  5. J says:

    As usual it is more serious to publish misconduct than it is to abuse your children! Family Courts again put process before the welfare of children…

  6. anon says:

    Its about time that perjury in family courts started to be taken seriously. As the President says separating children from there natural parents is the most draconian process in a court of law since the abolition of capital punishment so why can “professionals” lie with immunity from prosecution. I know in theory they can’t but in practice they do.
    There needs to be a very radical change.

  7. Name Witheld says:

    well since been out of prison my son has been adopted , i have an indefinate gagging order , i have sleepless nights worrying about my son , on anti depressants and valium to cope but it dont work , thanks to these lyeing scum civil servants my life has been turned upside down inside and out , life will never ever be the same , who fought for me and my son know one is what , and now i have live my life with great big ******* hole and void in it thank you mr cameron !

    • Jayne says:

      My heart goes out to you,I cant begin to imagine the pain you feel in your heart.We are one of the lucky ones who got our children back.I still have images off the devastation in our lives and our childrens if ss had have got them adopted .Il say a prayer for you and your son,God bless you both .

    • Simon Grove says:

      You are an absolute hero & victim of an unspeakable act of barbarism by a brutal, neofascist state. The material support of you & countless fellow victims of this inhumanity, needs to be vastly stepped up. All that it needs for evil to triumph is for good men to do nothing.

  8. Name witheld says:

    My son got 6 month after social services put his baby up for forced adoption.
    He threatened the social worker with her Job did not threaten her but he still got 6 month for that.
    It has to stop.

  9. Name Witheld says:

    I too lost my children to scc lies and deceipt in the court in 2008! My ex had a video that had nothing to do with me but was allowed to use it against me.The social worker didn’t even fill out the forms on my children, didn’t know what school they attended n never saw them. Instead of being in a loving home they were put with my ex who my daughter had already told our gp “made her bottom sore by poking it” my ex was told by the judge to destroy the video after the court case but i found out recently that he still has it n that he showed it to the new social worker from scc after they where again involved in my children’s lives after a report from my daughters school. my daughter, then aged 12, was skypeing men she’d met on social networking sites n was watching them “perform” my ex has since alienated my children from me and haven’t seen my daughter for over a year. My son told the social worker that his dad had told him that if he comes to me he will want nothing to do with him ever again

  10. Wayne Ford says:

    What to say, do feel for you… ✌️

  11. Name Witheld says:

    MOST FAMILY COURT PROCEEDINGS ARE FUELLED AND PROTRACTED by the bias and crystal clear lies of Cafcass and social services that even with substantial those claims as bias ect the court looses sight of these matters. which result in further parental conflict or orders that lack a profound lack of logic with no triggers for progression. The Judicial process in respect of compliance of these orders is one of a highly selective nature. History has shown that the family courts focus on the male parent and adapt the law and context of any issue that is draw to the courts attention as inappropriate that includes a father trying to obtain the contact with his children that the court found to be in the child’s best interest as such made a court order however far to common is it shown that a court order has no value when the resident parent say’s NO and the courts take no redress So is it any wonder parents see the family courts as nothing other than bias with orders that enforce parental alienation of the non resident parent and off no fear of any redress to the resident parent. WHAT GOOD IS A COURT ORDER if it does not mean what it say’s and the courts turn a blind eye to any non compliance. I have a toilet roll it currently has the same use as any court order that has ever been granted in respect of maintaining a meaningful relationship with my children and i am sure there are many other parents in the same position. There needs to be a change and that change may come about by parents protesting against the bias and corruption that is currently taking place in the “secret” family courts.

  12. Stitchedup says:

    “The case served as a reminder that court orders “should be obeyed at all times”, added the judge, and that the consequences of a breach were very serious”

    Except contact orders that is, it appears mothers are free to breach these at their will. It’s only a matter of time before somebody manages to record and publish some of the injustice that happens in the family courts.

    “As the President says separating children from there natural parents is the most draconian process in a court of law since the abolition of capital punishment”

    The President says this yet sits back idly when fathers are routinely stripped of any meaningful contact with their children as a result of divorce/separation.

  13. users says:

    Hi
    I feel for u in wot you have been through its all wrong ss needs to have there powers taken away an let the public know wot there doin an let them decide wot there doin is out there comfort zone so they gag anyone well we all should go public when ever we feel there wrong
    Also most off sw are from out of our country an have no kids but how the hell do theses know the needs of our kids if they dont have any they love throwing there power around i jst wish it was the public who decides an not these loses who cant do there job also the judges should be sacked if found out they are getting bck handers from ss to get wot they want
    I tried to complain about the judge on my case but u cant complain i was told by the court so they get away with it as well but there the law but wot law they serve a false monache because shes not running the country only idiots

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