fbpx

What Can a Family Judge Do When Faced With a Parent's Absolute Defiance?

10th May 2023 By

In cases where even a succession of stiff prison sentences has failed to bring about compliance with court orders, what is a judge to do? A family judge faced exactly that quandary in the case of a father who defiantly refused to cooperate in arranging the return of his two daughters from Libya to England.

As long ago as 2015, the father flew with his three children to Tunisia on an agreed visit to see their paternal grandmother. Instead of returning to this country, however, he took the children to Libya, the country of his birth. He subsequently returned to England with his son, but his daughters had, so far as was known, remained in Libya ever since.

Although one of the daughters had attained adulthood – the other was approaching her teens – neither of them was permitted to leave Libya without their father’s formal consent. At their mother’s behest, various court orders were made requiring him, amongst other things, to give such consent and to use his best endeavours to procure their return to England.

His persistent refusal to comply with those orders resulted in findings of contempt of court being made against him on four separate occasions. He received prison sentences totalling five years. His continued defiance, however, did not deter the mother from applying to have him committed to prison yet again.

His lawyers realistically submitted no mitigation on his behalf. They argued, however, that a further prison sentence would have no coercive effect on him in that he was determined to do nothing to help procure his daughters’ return to England. Even if granted further time for compliance, he would not alter his stance.

Had the father been prosecuted in a criminal court, his lawyers pointed out that the maximum sentence for child abduction is seven years’ imprisonment. After a one-third deduction for a guilty plea, the maximum would be 56 months. He had already been sentenced to more than that for his successive acts of civil contempt.

Ruling on the matter, the judge noted that the maximum sentence for contempt of court is two years. However, it was possible for successive breaches of the same court orders to result in successive findings of contempt and successive terms of imprisonment which, in aggregate, exceeded two years.

In sentencing the father to a further 12-month jail term, the judge refused to overlook his wilful defiance and the appalling consequences of his conduct. Even if the sentence had no coercive effect, it was still an appropriate punishment. There was no basis for suspending the term in that he had given not an ounce of indication that that would achieve anything. The judge expressed the hope that his separation from his son during his period behind bars might prompt him to think again.

Source: Concious

Latest News

Another Sad Tale of a Farmer's Disinherited Children – High Court Ruling

24th November, 2023 By

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed, such stories are often reflected in the sad and recurring reality of agricultural inheritance disputes. When he died, a father was the beneficial owner of a 20 per cent stake in his family farm. He also held a 25 per cent share of a company that ran a market gardening business...

Family Judge Treads the Blurred Boundary Between Life and Death

21st November, 2023 By

The ability of modern medical technology to keep patients' hearts beating and their lungs ventilating has led to a blurring of the boundary between life and death. As a High Court ruling showed, it sometimes falls to family judges to make the desperately hard decision as to when that line has been crossed. The case concerned a young man who fell to the ground after being assaulted in a pub garden, sustaining a catastrophic brain injury. He was admitted to hospital in a deep coma and, following weeks of observation...

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

16th November, 2023 By

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash buyer. A copy of a contract before the Court indicated that the woman, aged in her 80s, had signed a contract agreeing to the sale of her home for £840,000. Following a purported exchange of contracts, the purchaser, an investment company, launched proceedings against...

Sometimes Parental Love is Not Enough – Court Sanctions Boy's Adoption

13th November, 2023 By

Parents may be worthy of praise and deeply love their children, but it sadly does not always follow that they are able to provide them with a stable home. The High Court made that point in sanctioning a little boy's placement for adoption. Due to concerns that he was not receiving a good enough standard of parenting, a local authority placed him in temporary foster care and sought care and placement orders. His parents, although separated, staunchly resisted plans for his adoption, arguing that his mother was able to look...