Form FC600 UK: Ask the Family Court to Rule on Contempt

At a glance

• What it is: the application form used to ask the family court to determine an allegation of contempt of court — most often a breach of a court order or an undertaking given to the court. FPR 2010 rule 37.2 calls the applicant the "claimant" and the accused the "defendant".
• Governing rules: rules 37.2 to 37.10 of the Family Procedure Rules 2010 (FPR 2010), supported by Practice Direction 37A. Form FC600 is a family court form — it is not used in the civil courts, which have their own equivalent, Form N600, under Part 81 of the Civil Procedure Rules.
• Who can apply: usually a party to the family proceedings in which the order or undertaking was made, or their legal representative. Some contempt applications — for example, alleging interference with the due administration of justice outside existing proceedings — need the court's permission first.
• Standard of proof: beyond reasonable doubt, because a finding of contempt can lead to imprisonment.
• Court fee: £195, unless the application follows a breach of a non-molestation or occupation order, in which case there is no fee. Figure taken from the current version of Form FC600 (dated July 2026) — always check the fee stated on the version you are using, and ask about help with fees if needed.
• Maximum penalty: up to 2 years' committal where the case is dealt with by a family court judge exercising High Court powers (a "superior court" for the purposes of section 14 of the Contempt of Court Act 1981) — but far shorter caps apply where a district judge-level judge or a lay justice hears the case, under the Family Court (Contempt of Court) (Powers) Regulations 2014. The court can also impose a fine, confiscate assets, or suspend a committal order.
• Defendant's rights: legal representation, legal aid without a means test, an interpreter if needed, reasonable time to prepare, the right to remain silent, and a public hearing and judgment unless the court orders otherwise.

What this document is

Form FC600 is the application used in the family court in England and Wales to ask a judge to consider whether a named person has committed contempt of court, and to decide whether to punish them for it. It is made under rules 37.3 and 37.4 of the Family Procedure Rules 2010, with the accompanying Practice Direction 37A setting out further procedural detail. Part 37 was substantially rewritten with effect from 1 October 2020, so anything you read that predates that change may describe an older, superseded version of the rules.

Contempt in family proceedings most commonly arises from breaching a court order — for example, a child arrangements order, a non-molestation order, or an occupation order — or breaching an undertaking given to the court. It can also cover contempt "in the face of the court" (disruptive conduct during a hearing) and knowingly making a false statement in a document verified by a statement of truth or a disclosure statement.

Because a finding of contempt can lead to imprisonment, a fine, or the confiscation of assets, the Family Procedure Rules build in strict procedural safeguards for the person accused (the "defendant"). The form itself sets these safeguards out on its face — including the right to legal representation, the availability of legal aid without a means test, and the criminal standard of proof — so that anyone served with the application understands their position from the outset.

Form FC600 is the family court's own form. See our full guide to family law court forms for how it fits alongside other applications. The civil courts use a different but broadly equivalent form, N600, under Part 81 of the Civil Procedure Rules — the two are not interchangeable, and which one applies depends on which court and which set of procedural rules govern the underlying proceedings.

Who can bring a contempt application, and when permission is needed

Under rule 37.3(1) of the FPR 2010, a contempt application made within existing High Court or family court proceedings is made as an application under Part 18 of those rules, whether or not it is made against a party to those proceedings. If the application is made in the High Court it is determined by a High Court judge; if made in the family court, by a judge of the family court.

Permission from the court is required in two situations, set out in rule 37.3(5):

• the application concerns alleged interference with the due administration of justice, other than in existing High Court or family court proceedings; or
• the application alleges that someone knowingly made a false statement in an affidavit, affirmation, or other document verified by a statement of truth, or in a disclosure statement.

If permission is needed, the request for it is included within the contempt application itself, and the case only proceeds to a full hearing if permission is granted. Form FC600 asks you directly whether permission is required and, if so, to set out your grounds. For most straightforward breach-of-order or breach-of-undertaking applications arising within existing proceedings, permission is not required.

The court can also act on its own initiative under rule 37.6 if it considers a contempt — including one committed in the face of the court — may have occurred, without anyone filing an application. Where it does, it issues a summons covering the same matters as rule 37.4(2) and requires the defendant to attend for directions.

What Form FC600 requires you to set out

Rule 37.4(2) of the FPR 2010 lists what a contempt application must include, and Form FC600 is structured around these requirements. In summary, you will need to provide:

1. The nature of the alleged contempt — for example, breach of an order, breach of an undertaking, or contempt in the face of the court.
2. Details of any order allegedly breached, including its date and terms, whether it was personally served on the defendant (and when), and whether it carried a penal notice — a prominent warning on the front of an order, defined in rule 37.2, that disobedience may lead to imprisonment, a fine, or confiscation of assets.
3. Details of any undertaking allegedly breached, including its date and terms, and your belief that the person who gave it understood what it meant and the consequences of breaking it.
4. A brief, numbered, chronological summary of the facts said to amount to the contempt.
5. Written evidence in support, given by affidavit or affirmation under rule 37.4(1), attached to the form.
6. A statement of truth, confirming you believe the facts in the application are true — and a warning that making a false statement in it is itself capable of being a contempt of court.

The form must also set out, for the defendant's benefit, the full list of rights described in the next section. This is not optional wording — Practice Direction 37A and rule 37.4(2) require the application to state these rights so the person accused understands their position before the hearing.

What the defendant must be told

Because contempt proceedings can end in imprisonment, Form FC600 tells the defendant, in terms, that they:

• have the right to be legally represented in the contempt proceedings;
• are entitled to a reasonable opportunity to obtain legal representation, and to apply for legal aid, which may be available without a means test;
• may be entitled to an interpreter if they cannot speak or understand the language used in court;
• are entitled to reasonable time to prepare for the hearing;
• are entitled, but not obliged, to give written and oral evidence in their defence;
• have the right to remain silent and cannot be compelled to answer any question that might incriminate them;
• will only be found in contempt, whether or not they attend the hearing, if the court is satisfied beyond reasonable doubt of the facts alleged and that those facts amount to contempt;
• may have any punishment reduced in seriousness if they admit the contempt and apologise to the court; and
• will have the court's findings given in writing as soon as practicable, in a hearing that is held in public unless the court directs otherwise.

Rule 37.7(3) reinforces the point on silence directly: the court is not permitted to give any direction compelling the defendant to give evidence, orally or in writing. Practice Direction 37A adds that if the defendant does choose to put in evidence, the court can direct that witness statements (including the defendant's own) be filed and served in advance — but those statements cannot be used against the defendant unless and until the defendant relies on them.

Serving the application

Under rule 37.5, a contempt application and the evidence supporting it must generally be served on the defendant personally, unless the court directs otherwise. Where the defendant already has a legal representative on record in the underlying proceedings, the application can instead be served on that representative, who must then pass it to the defendant promptly — unless the representative objects in writing within seven days, in which case the question of service is referred to the judge dealing with the application. Since a January 2025 amendment to rule 37.5, there is also a specific cross-reference to rule 6.23A for cases where there are reasonable grounds to believe the defendant is residing in a refuge, so service can be arranged without compromising a survivor's safety.

Getting service right matters. If personal service was dispensed with by an earlier court order, Form FC600 asks you to identify that order and its terms — the court will want to see that the defendant had a fair opportunity to know what was alleged before any hearing proceeds.

The court fee

The current version of Form FC600 (dated July 2026) states that no fee is payable if the application follows a breach of a non-molestation order or an occupation order. Where that exemption does not apply, the fee is £195. Court fees are reviewed periodically, so always check the fee printed on the version of the form you are using, or confirm the current amount on gov.uk before filing — and if you are on a low income or receive certain benefits, you may be able to apply for help with fees online or using form EX160.

Directions and preparing for the hearing

Once a contempt application is filed, rule 37.7 gives the court wide case-management powers: it can give directions for the attendance of witnesses and the hearing and determination of the proceedings, and — because contempt proceedings only work if the defendant actually turns up — it can issue a bench warrant to secure the defendant's attendance at a directions hearing or the substantive hearing. What it cannot do, under rule 37.7(3), is compel the defendant to give evidence.

Practice Direction 37A also gives the court, on the defendant's application or on its own initiative, a power to strike out a contempt application before it gets to a hearing — for example, if the application and its supporting evidence disclose no reasonable ground for alleging contempt, if it is an abuse of the court's process, or if there has been a failure to comply with a rule, practice direction, or court order. Conversely, the court can waive a procedural defect in how the application was brought or conducted if it is satisfied that no injustice has been caused to the defendant by the defect — so a minor slip in the paperwork will not automatically defeat a genuine application.

What happens at the hearing

Contempt hearings must, under rule 37.8, be listed and heard in public unless the court directs otherwise. The rule sets out a defined list of grounds on which a hearing, or part of it, can be held in private — including where publicity would defeat the object of the hearing, matters of national security, confidential financial information, protecting the interests of a child or protected party, and other circumstances necessary to secure the proper administration of justice. Before deciding to sit in private, the court must notify the national print and broadcast media (via the Press Association) and consider any submissions from the parties or media organisations, and it must first sit in public to give a reasoned judgment explaining why it is doing so. Advocates and the judge appear robed at contempt hearings, whether public or private.

The court will only make a finding of contempt if satisfied beyond reasonable doubt, both that the facts alleged occurred and that they amount to contempt. If contempt is found, the court may impose a fine, an order of committal (imprisonment, which can be immediate or suspended), confiscation of assets, or another punishment permitted by law — see the next section for how long a committal can actually last. At the end of the hearing, whether or not part of it was held in private, the court sits in public to give a reasoned judgment stating its findings and any punishment. If a committal order is made, rule 37.8(12) requires the court to tell the defendant of the right to appeal without needing permission, the time limit for doing so, and which court the appeal goes to — Practice Direction 37A confirms this notification duty does not apply if the defendant is acquitted. The court is also responsible for making sure judgments in contempt proceedings are transcribed and published on the judiciary's website, though Practice Direction 37A limits that publication duty to cases where a committal order is actually made.

How long can someone actually be sent to prison for?

This is the part of contempt law that is easiest to get wrong, because the headline "two years" answer only applies to some of the judges who can hear these cases.

Section 14(1) of the Contempt of Court Act 1981 caps a fixed-term committal at two years where it is imposed by a "superior court". Section 14(4B), inserted in 2014, makes clear that sections 14(1) to (3) do not apply directly to "the family court" as a single, undifferentiated body. Instead, the family court draws its committal powers from section 31E(1)(a) of the Matrimonial and Family Proceedings Act 1984, which gives the family court any power the High Court could exercise in the same proceedings — including the High Court's contempt powers, and therefore the High Court's two-year cap as a superior court.

Because not every judge who sits in the family court holds High Court judge-level authority, the Family Court (Contempt of Court) (Powers) Regulations 2014 (SI 2014/833) scale the committal powers down for lower judicial tiers:

| Level of judge hearing the case | Type of contempt | Maximum committal | |---|---|---| | High Court judge level (includes the President of the Family Division and puisne High Court judges sitting in the family court) | Any contempt | Up to 2 years (the section 14(1) superior-court cap) | | District judge level | Contempt in the face of the court (insulting a judge, witness, or officer; disrupting proceedings) | 1 month | | Lay justice | Breach of an order or undertaking requiring an act other than payment of money, or abstention from an act | 2 months | | Lay justice | Contempt in the face of the court | 1 month |

Fines follow a similar split: under regulation 5 of SI 2014/833, a family court judge below High Court judge level cannot impose a fine exceeding level 5 on the standard scale, while a judge of High Court judge level has no equivalent statutory ceiling. Whatever the level of judge, an order or warrant of committal under rule 37.9 must generally be served on the defendant personally, takes immediate effect unless the court suspends it, and cannot be enforced more than two years after it was made unless the court directs otherwise.

Worked example (fictional)

Priya has a child arrangements order in her favour, made with a penal notice attached and personally served on her ex-partner, Daniel. Daniel has since prevented three scheduled visits without any agreement or good reason. Priya, supported by an affidavit setting out the dates and terms of the order and a numbered chronology of the three breaches, files Form FC600 in the existing family proceedings. Because this is a straightforward breach-of-order application within existing proceedings, she does not need the court's permission under rule 37.3(5). The application is personally served on Daniel, who is told on the face of the form of his right to legal representation, legal aid without a means test, and his right to remain silent. At the hearing — held in public, because none of the rule 37.8(4) grounds for privacy apply — the judge must be satisfied beyond reasonable doubt that the breaches occurred and amounted to contempt before making any finding. If a High Court judge-level judge hears the case, any committal is capped at two years; if it is heard by a judge of district judge level for contempt in the face of the court, or by a lay justice for the breach itself, the statutory ceiling is measured in weeks or months, not years, under SI 2014/833. This is a fictional illustration only — the outcome of any real case depends entirely on its own facts and the evidence put before the court.

Applying to discharge a committal order

A defendant against whom a committal order has been made is not without further recourse. Under rule 37.10, they can apply — by an application notice under Part 18, within the same contempt proceedings — to have the committal order discharged. The court hearing that application considers all the circumstances and makes whatever order it thinks fit; this sits alongside, and is separate from, the right of appeal that rule 37.8(12) requires the court to have explained to the defendant at the end of the original hearing.

How to use this document — step by step

1. Check that contempt is the right route, and that FC600 is the right form. Form FC600 is for the family court. If the underlying proceedings are civil rather than family proceedings, the equivalent form is N600 under Part 81 of the Civil Procedure Rules, not FC600. Be clear about which order or undertaking has allegedly been breached, by whom, and what evidence you have. If the real problem is better addressed through ordinary enforcement proceedings rather than contempt, consider that route instead — see our guide to family law court forms for the wider range of applications available.
2. Work out whether you need the court's permission. Most breach-of-order and breach-of-undertaking applications within existing proceedings do not need permission. If your case falls into one of the two categories in rule 37.3(5) above, you will need to ask for permission within the application itself, and explain your grounds.
3. Gather your written evidence. You must support the application with an affidavit or affirmation, plus any documents you rely on. Set out the facts precisely, numbered and in chronological order, with a clear link between the specific conduct and the specific order or undertaking said to have been broken.
4. Complete Form FC600 in full. Answer every question that applies, including the order or undertaking's date and terms, service details, and whether a penal notice was included. If you are unsure how to phrase an allegation, keep it factual and specific, and consider getting advice before filing.
5. Pay the fee, or claim the exemption. Confirm whether the non-molestation/occupation-order fee exemption applies to you. If not, check the current fee (£195 as at the July 2026 version of the form) on the form itself or on gov.uk, and if cost is a concern, look into help with fees.
6. File and serve the application. Lodge the completed form, evidence, and fee (or fee exemption/remission paperwork) with the court dealing with the underlying proceedings. Arrange for personal service on the defendant, or on their legal representative if one is on record, in line with rule 37.5.
7. Prepare for the hearing. The court will list a hearing at which the allegations are tested to the criminal standard. Both sides should expect the hearing to be held in public unless the court directs otherwise, and the defendant is entitled to legal representation, legal aid without a means test, and reasonable time to prepare. Bear in mind that the maximum penalty on conviction depends on which level of judge hears the case.

This guide provides general information about Form FC600 and contempt of court applications in the family court in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law and procedure described were accurate as at July 2026 and are subject to change — always check gov.uk and legislation.gov.uk for the current position, and check the current version of Form FC600 itself before filing.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on procedural rule change.