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The recent case of L v O [2024] EWFC 6 highlights the important role of Hadkinson Orders in ensuring compliance with court orders.
In the case of Hadkinson v Hadkinson [1952] P 285, the Court of Appeal addressed whether a party who breached a court order could appeal a decision related to child custody. This case underscores the importance of compliance with court orders and the rule of law.
Bradley Kaine, a Family Executive on Coodes’ Family team, explores this case and what it means going forward.
Following their divorce, Mr and Mrs Hadkinson were involved in a custody dispute. Mrs Hadkinson defied a court order by taking their child abroad without permission, leading to legal proceedings. She was ordered to return the child to England. She failed to comply and sought to appeal the decision, whilst remaining in contempt of court due to her failure to comply with the order for return.
This begs the legal question, should a party in contempt of court (by not complying with an order) be allowed to appeal a decision? This raised concerns about enforcing court orders and respecting judicial authority.
The Court of Appeal ruled that Mrs Hadkinson could not proceed with her appeal whilst in contempt of court. The court emphasised the necessity of complying with court orders to uphold judicial authority. The ruling established that a party must rectify their contempt before appealing.
The decision in Hadkinson v Hadkinson underscores that court orders must be respected to maintain the rule of law. It ensures that individuals cannot benefit from their wrongdoing and must comply with judicial decisions before seeking further legal remedies.
A Hadkinson Order prevents a party from presenting an application to court until they comply with an existing court order. While powerful, these orders are a “remedy of last resort” due to their impact on a person’s right to access the court.
A Hadkinson Order is only available after the making of a final order. If non-compliance occurs before the final order, parties are encouraged to use rigorous case management directions such as costs orders, penal notices, committal orders and expert evidence, rather than Hadkinson orders. It is not a common order.
The court must ensure that a Hadkinson Order is justifiable and necessary to avoid breaching the party’s human rights. To do this, it considers:
Since Hadkinson v Hadkinson, the law has evolved:
Hadkinson v Hadkinson is a landmark case emphasising the critical role of compliance with court orders in the legal system. It reinforces that the rule of law is foundational to justice and must be upheld to ensure fairness and order.
If you need assistance with family matters, our Family Team are here to help. Get in touch with Bradley Kaine by calling 01736 352230 or email bradley.kaine@coodes.co.uk.
Alternatively, you can fill in our online contact form to be directed to an appropriate member of the team.
Family Executive
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