Take away lessons for social workers and CAFCASS officers involved in private law proceedings.
This legal blog discusses the case of Re Hesketh (Contempt in the Face of the Court) [2025] that highlights how judges can respond to an aggressive and abusive parent in the family court.
With more and more parents acting as litigants in person that is without legal representation, the family court and professionals including social workers and CAFCASS officers are having to manage cases with parents representing themselves, and at times understandably presenting as highly emotionally charged.
This can be a challenge for the judge, who has to ensure that every party has a fair hearing in accordance with Article 6 European Convention of Human Rights, but equally requiring the judge to uphold the administration of justice, maintain order and respect for the court.
The recent decision in Re Hesketh (Contempt in the Face of the Court) [2025] EWHC 2067 (Fam) (judgment handed down on 1 August 2025, published October 2025) offers timely reminder on how the court can respond in proceedings where there are being disrupted by hostile, aggressive and abusive conduct.
Facts of the case
These were private law case concerning the welfare of two children who were subject of the proceedings. The father (Mr Hesketh) of the children was at risk of being deprived of contact with his children.
The committal proceedings related Mr Hesketh’s behaviour at the hearing on 07 January 2025 which was reported as follows:
- Profane and abusive language, which included slurs towards the judge and court staff including referring to the judge and everyone in court as “all mentally unwell, every of youse”
- Making direct threats to the judge and the judge’s own family, whilst the judge was conducting the court proceedings, including threatening the judge when outside of court: “I swear to God now if I see you outside this courtroom, Judge, I am gonna punch the fxxxxx lights right out of ya”
- Interrupting the judge
- Distrupting the court proceedings with hectoring and being argumentative
- Impeding the administration of the justice.
Despite this behaviour the judge persisted with trying to conduct the hearing and warning Mr Hesketh repeatedly about his behaviour.
Mr Hesketh did not heed the judge’s warnings and his completely unacceptable behaviour resulted in the commencement of committal proceedings to consider whether Mr Hesketh’s behaviour amounted to contempt of court.
Committal Proceedings and Article 6
Committal proceedings
These are court proceedings brought against someone who has:
- disobeyed a court order or
- persistently not complied with a court order or
- whose behaviour is interfering with the administration of justice.
The court can initiate these proceedings on its own or through an application from another party and must consider like all proceedings that there is the application of Article 6, that is the right for the individual to have a fair process and trial.
Article 6 European Convention of Human Rights
Although heard in the Family Court, committal proceedings are criminal in nature and there is a risk of a person’s liberty to be at stake. Therefore, the full safeguards of Article 6 ECHR apply.
- Right to be informed of the committal proceedings
- Presumption of innocence, that is the individual is presumed to be innocent unless proven guilty. Committal proceedings are essentially criminal in nature, that is the allegations need to be proved to the criminal standard, that is beyond reasonable doubt as the presumption of innocence applies (Article 6(2) European Convention of Human Rights (ECHR).
- Findings of fact are required before any penalty can be considered in committal proceedings.
- Right to a public hearing within a reasonable time. Article 6(1) entitles the respondent to a “a fair and public hearing”; that hearing is to be “within a reasonable time”.
- Right to legal representation, Article 6(3) specifically provides for someone in the position of an alleged contemnor “to defend himself in person or through legal assistance of his own choosing”, though this is not an absolute right.
- Right to have adequate time and facilities to prepare your defenceThe respondent is also entitled to “have adequate time and the facilities for the preparation of his defence” (Article 6(3)(b)).
- The judge has sentencing powers to impose a fine, and if serious, then a custodial penalty can be imposed on the individual.
- Consideration will also be given to the individual expressing admission, genuine remorse and the impact of the committal.
Outcome of the committal proceedings:
The court found:
- that the threats to the judge were designed to intimidate the judge.
- The overall behaviour also amounted to obstructing and interfering with the administration of justice during the hearing.
Mr Hesketh did not attend court, and offered no mitigation or an apology. The judge took into account the evidence of his behaviour alongside that these were stressful family proceedings in which Mr Hesketh was at risk of being deprived of contact with his children.
The judge was “satisfied beyond reasonable doubt that the allegations were proved” and constituted being in contempt of court. Mr Hesketh behaviour to be very serious that only a custodial sentence would suffice.
As a result, Mr Hesketh was sentenced to four months in prison for being in contempt of court due to his behaviour during the court hearing.
Mr Justice Poole dealt with the contempt proceedings with caution and fairness. The judge found that Mr Hesketh had deliberately disengaged and had frustrated the process.
Key takeaways for social workers and CAFCASS officers
Communicating with parents/parties:
Respect of the court process:
It is understandable that family proceedings can result in parties feeling emotional charged and at times frustrated by the process. Such a combination requires emotional and professional resilience by all professionals involved in private law proceedings to help parties to understand what the court must have regard to. That is achieving a balance between being sympathetic to the emotional strain being placed on parties but also affirming the need to maintain the rule of law, procedural fairness and the administration of justice.
That Article 6 rights do help to safeguard against miscarriages of justice and support fair and balanced practice, but this right is considered with the need for uninterrupted administration of justice and the rule of law.
- to ensure that parents/parties understand that ultimately the court will make a decision based on the child/children’s welfare.
- that however frustrating the process or the decision is, there needs to be respect for the judicial process and that disrupting proceedings and directing abuse or threats at judges or others in court is unacceptable and can be detrimental to their case and can be dealt by the court with harsh process and outcomes.
Evidence
If as a professional, you are required to provide evidence in the committal proceedings it is important to remember the impact of Article 6 which relies on accurate and timely evidence. Poorly kept records can breach fairness.
Best practice:
- Keep contemporaneous notes of all contacts and/or breaches.
- Use neutral, and balanced professional language in your evidence.
- File evidence on time and as directed so that all the parties have sufficient time to review the evidence, and if permitted to respond before the committal hearing.
- If required to give evidence maintain respectful language, even if challenged in a disprectful way, keeping a balanced approach to your responses when being cross examined or being asked questions from the judge.
In summary this case reinforces the clear message that procedural fairness and emotional sensitivity are both essential to upholding justice in family law and for the judge to consider what is in the child/children’s welfare, that being the court’s paramount consideration. (S.1(1) Children Act 1989.
How we can help
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Disclaimer:
The contents of this guide are for information and are not intended to be relied upon as legal advice.