The Director appealed an order striking a committal provision from a temporary default order.
The Court of Appeal dismissed the appeal but confirmed that under s. 41(14) and 41(10) of the Family Responsibility and Support Arrears Enforcement Act, 1996, a court has the power to make a temporary order for support payments that includes a term directing the imprisonment of the payor upon failure to comply.
The Court emphasized that this power should be exercised cautiously and outlined procedural fairness requirements for unrepresented payors facing potential committal.
