Family Justice Courts Case Highlights

In determining whether a parent is in breach of a court order to exercise all reasonable efforts to facilitate access, the court applies an objective test, taking into account all the facts and circumstances of the case, such as whether the parent against whom the order was made had acted in the best interests of the child.

Since the rationale behind the penal notice is to put a party on notice, there is no reason to require a party to apply to court for the endorsement of a penal notice.

It is sufficient that the act or omission was intentional, and at the time of doing so the offender had knowledge of the underlying court order. An obstinate adherence to an incorrect belief in the face of truth cannot exculpate an offender from the breach of a court order.

Orders of the Family Justice Courts are not binding on the Syariah Courts, but orders from the former remain in force until the latter has made an order on the same subject matter. Not all breaches of all orders amount to contempt of Court. When one commits a breach, the court will look at whether the conduct of the alleged offender was intentional, whether they knew of the facts which amounted to the breach, whether the breach was wholly or substantially attributable to an honest and reasonable failure to understand the order, and whether any remedial actions were taken post-breach.