Show Cause (Order or Notice to Show Cause)

A general procedural device where the court directs a person to attend and 'show cause' — that is, explain why the court should not take a particular step. It is not limited to one situation: the court might ask why a case should not be dismissed, why an order should not be made, or why a party should not be held in contempt. The best-known family court use is in committal proceedings, where a person who is said to have breached a court order (or an undertaking given to the court) must explain why they should not be punished; in that context there must be an underlying order or undertaking — normally carrying a penal notice — to enforce. A purely private settlement that has not been made into a consent order or given as an undertaking is not, by itself, enforceable through committal. In every form, a show cause puts the burden on that person to justify their position; if they cannot, the court can proceed to make the order or take the step in question.