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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7996
Experience:  Barrister at law
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We previously lightly covered disruptive behaviour by Ex in

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We previously lightly covered disruptive behaviour by Ex in court. Contempt seems to mean 'wilful conduct which impedes administration of justice' but both civil and criminal seem to have a high bar. However, do I have at least this option - having flagged in my statement a request that Court manages my Ex's behaviour which was horrendous at FHYDRA, do I ask the Judge (when I get chance to speak) for apology from Ex to court if he kicks off again. Criminal CPRs enable people to apologise and carry on.
I've pre-warned in my statement as to Ex's character/tendencies with failure to comply with CAO in 5 years, his shouting in court, and his declaration that nobody follows Arrangement orders anyway so what's the point. It is contemptuous, but below the bar.
I can't find an FPR on this point... can you see any other options than I've tried to prepare myself for?

Thank you for posting the question for my attention.

I'll review and come back to you as soon as I can.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

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There is quite a gulf between being rude, obnoxious and shouty (which judges will tolerate to a point) and being held in contempt of court for disruptive behaviour - the latter is quite rare and it would take something pretty awful justify it. Judges do appreciate that not everyone can be calm under pressure, and allow a bit of leeway in my experience, sop the bar is set pretty high.

You can ask the judge to step in and give a warning about contempt if it really is awful though. You don't need to refer to FPR to make this point.

But it's the judge's discretion, and there's no point you asking the judge to make him apologise. If the judge wants an apology they will certainly ask for it themselves.

If you are having a remote hearing, you could ask that he is muted while you are talking, so that he cannot interrupt, perhaps, if he continues to do this throughout the hearing.

Other than that - if it is in person then the judge will have the ability to quieten him down in person so that should be more tolerable.

Can I clarify anything further?

plclegal and 2 other Family Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter