# The Family Procedure Rules 2010, Rule 37.3: How to make a contempt application


(1) A contempt application made in existing High Court or family court proceedings is made by an application under Part 18 in those proceedings, whether or not the application is made against a party to those proceedings.
(2) If the application is made in the High Court, it shall be determined by a High Court judge of the Division in which the case is proceeding. If it is made in the family court, it shall be determined by a judge of the family court.
(The Family Court (Composition and Distribution of Business) Rules 2014 make provision for which level of judge may determine a contempt application.)
(3) A contempt application in relation to alleged interference with the due administration of justice, otherwise than in existing High Court or family court proceedings, is made by an application to the High Court under Part 19.
(4) Where an application under Part 19 is made under paragraph (3), the rules in Part 19 apply except as modified by this Part and the defendant is not required to acknowledge service of the application.
(5) Permission to make a contempt application is required where the application is made in relation to—
(a) interference with the due administration of justice, except in relation to existing High Court or family court proceedings;
(b) an allegation of knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement.
(6) If permission to make the application is needed, the application for permission shall be included in the contempt application, which will proceed to a full hearing only if permission is granted.
(7) If permission is needed and the application relates to High Court proceedings, the question of permission shall be determined by a single judge of the High Court. If permission is granted the contempt application shall be determined by a single judge or Divisional Court of that Division.

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Source: https://www.legislation.gov.uk/uksi/2010/2955/rule/37.3 (the official version)
Page: https://openlegislation.uk/family-procedure-rules-2010/rule-37.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

