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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Contempt of court?

11 replies

Bringonthesun24 · 15/02/2024 07:13

I already have another thread up but last night my sister sent me a social media post that he posted on his Instagram.

So wanted to ask if anyone knew if this was contempt of court? The jist of the post is that he was awarded 50/50 custody in court and that justice has been served for him and DS name along with some video thing of his and DS.

My understanding is you can't make anything public about court in the public domain.

The post also looks to make me look bad as he's saying justice has been served etc. He was not awarded anything, I settled and agreed to 50/50 as advised by my legal counsel to face not being parent alienated and losing my DS.

I know I'm not unreasonable, just posted here for traffic

OP posts:
whitebreadjamsandwich · 15/02/2024 07:15

No, not contempt of court. He's just a dick

Bringonthesun24 · 15/02/2024 07:25

whitebreadjamsandwich · 15/02/2024 07:15

No, not contempt of court. He's just a dick

I just read the court order. It specifically says no ones name listed above is allowed to be in the public domain unless given permission from the court. Which he's listed our sons name in the post. Is this not against the order?

OP posts:
ChazsBrilliantAttitude · 15/02/2024 07:30

Technically yes it may be a contempt of court if it is caught by s12 of the Administration of Justice Act if the case was heard in private. However, I believe that the family courts are now allowing some limited reporting so was your case in private?
https://assets.publishing.service.gov.uk/media/64e6173320ae89000df26cd9/HMCTS707_media_guidance_-_Family_Court_Guide_Aug_2023_V2.pdf

see p6

https://www.legislation.gov.uk/ukpga/Eliz2/8-9/65/section/12
s1(a)

https://assets.publishing.service.gov.uk/media/64e6173320ae89000df26cd9/HMCTS707_media_guidance_-_Family_Court_Guide_Aug_2023_V2.pdf

ChazsBrilliantAttitude · 15/02/2024 07:31

X post - if the court order contains a restriction then that is also a potential breach that could be contempt.

Bringonthesun24 · 15/02/2024 07:52

ChazsBrilliantAttitude · 15/02/2024 07:30

Technically yes it may be a contempt of court if it is caught by s12 of the Administration of Justice Act if the case was heard in private. However, I believe that the family courts are now allowing some limited reporting so was your case in private?
https://assets.publishing.service.gov.uk/media/64e6173320ae89000df26cd9/HMCTS707_media_guidance_-_Family_Court_Guide_Aug_2023_V2.pdf

see p6

https://www.legislation.gov.uk/ukpga/Eliz2/8-9/65/section/12
s1(a)

Yes it was private and in the order it states you cannot name anyone in the order without the courts permission. He has specifically named our son in the post and posted a video of him and of DS so it's obvious who it's about

OP posts:
Luckydog7 · 15/02/2024 07:54

Can you screen shot or copy the post in some way in case he takes it down? That way you have evidence whatever you decide to do.

supercatlady · 15/02/2024 08:11

Might depend who can see it - if it’s to his fb friends it’s not exactly like publishing in the news which I expect is what the clause is for

burnoutbabe · 15/02/2024 08:27

What is the court order supposed to achieve?

Surely not that a parents can never refer to their child in public?

Printing full details of the court case would be covered I assume. But not that a parent has been to court and won custody? (Strange if you can't reveal that as you'd need to tell lots of people that information as part of normal life)

CoffeeCup14 · 15/02/2024 08:36

You aren't supposed to talk about what happens in family court to anyone who isn't involved. It's not really practical, in terms of needing support from friends and family through the process, and people knowing what's going on with your life.

I would think posting about the proceedings on facebook with identifying details would be a breach of the order. I don't know if the courts would do anything though. What would you want to happen as a result of raising it?

Bringonthesun24 · 15/02/2024 14:32

Luckydog7 · 15/02/2024 07:54

Can you screen shot or copy the post in some way in case he takes it down? That way you have evidence whatever you decide to do.

I've screenshot it and the comments.

@supercatlady its on his Instagram which is public so any random person can see it.

@burnoutbabe I reread the order. It states you cannot publicly name anyone on the court order and doing so is a criminal offence. He named our son and himself.

@CoffeeCup14 I did a quick Google on my lunch and it seems from what I found that you can discuss with professionals that are involved in the case, people like counsellors and doctors for medical reasons, family and spouses in a private capacity to gain support and advice. I'm pretty sure you can't post on social media about it though. Even if it's just saying I was awarded 50/50. Not 100% though.

This man has been abusive to me now for almost 10 years. I'm so fed up of his games. I want him to take it down, I want him to respect our sons privacy, I want him to realise he can't go around and imply and make me look bad by saying justice was served. He spins a story to make him look the victim when in actual fact he is the bully but no one realises.

OP posts:
SiobhanSharpe · 15/02/2024 14:38

I think you need professional legal advice on this.
It may be that a solicitor's letter to your ex might work but you'll probably have to pay for that to be done.
He or she will also be able to advise on reporting to the police as a breach of the order or if that would be a waste of time or not.

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