The mother appealed against a sentence of eight months imprisonment imposed for contempt of court in having broken an order intended to protect the child against being removed to Nigeria with a view to forcing him into a marriage. On complaint of a breach, she had undertaken to write letters which would secure his return. She did so, but then wrote additionally with the effect of countermanding the letter. She then failed to comply after being given further opportunity to mend the breach.
Held: The appeal failed. The judge had properly considered the points now raised on appeal, and bearing in mind the maximum sentence, this was clearly within the paramaters of a sentence proper for such a breach.
Lloyd, Wilson LJJ
[2011] EWCA Civ 555, [2011] Fam Law 794, [2011] 2 FLR 793
Bailii
Forced Marriage (Civil Protection) Act 2007, Family Law Act 1996 63A
England and Wales
Citing:
Cited – Hale v Tanner CA 22-Aug-2000
When attaching a power of arrest on a non-molestation order the court should consider attaching it only to that element which restricts violence or proximity rather than to any part relating to harassment. When considering sentence for a breach, the . .
Cited – CJ v Flintshire Borough Council CA 15-Apr-2010
The applicant appealed against a refusal to allow his early release from prison having been sentenced to 21 months for contempts of court.
Held: The appeal failed. The court set out eight questions which might be asked before allowing such a . .
Cited – Slade v Slade CA 17-Jul-2009
Contempt sentence to reflect existing punishment
The wife appealed against a sentence of imprisonment imposed for a second contempt of court. She said that the behaviour complained of had already been dealt with in criminal proceedings.
Held: The sentence was reduced. The second court should . .
Lists of cited by and citing cases may be incomplete.
Family, Contempt of Court
Updated: 31 October 2021; Ref: scu.439814