Crook v Brooksby (Rev 1) [2013] EWCC B3 (Fam) (19 August 2013)

Crook v Brooksby (Rev 1) [2013] EWCC B3 (Fam) (19 August 2013)

The mother is in contempt of court for persistent, wilful non-attendance and non-compliance with contact orders, justifying a suspended committal order. The child's welfare requires appointment of a guardian and further case management to restore contact.

Citation
[2013] EWCC B3 (Fam)
Parties
Mother: Louise Brooksby; Father: Wayne Crook
Jurisdiction
England and Wales
Judgment Date
19 August 2013
Procedural Posture
Family Law Contact and Enforcement Proceedings / Interlocutory Judgment on Enforcement and Case Management
Outcome
Mother found in contempt; committal order made and suspended; child made party and guardian appointed; case adjourned for further directions.
Legal Topics
Child Contact, Enforcement of Contact Orders, Committal for Contempt, Appointment of Guardian, Case Management
Family Law Child Contact Enforcement of Contact Orders Committal for Contempt Appointment of Guardian Case Management

Case Brief

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Parties

Louise Brooksby

Mother

Wayne Crook

Father

Procedural Posture

Family Law Contact and Enforcement Proceedings / Interlocutory Judgment on Enforcement and Case Management

Legal Issues

  1. 1 Whether the mother is in contempt of court for failing to attend hearings and comply with contact orders
  2. 2 Whether to enforce contact between father and child
  3. 3 Whether to appoint a guardian for the child under Family Procedure Rules 2010, rule 16.4

Ratio Decidendi

The mother is in contempt of court for persistent, wilful non-attendance and non-compliance with contact orders, justifying a suspended committal order. The child's welfare requires appointment of a guardian and further case management to restore contact.

Court Disposition

Mother found in contempt; committal order made and suspended; child made party and guardian appointed; case adjourned for further directions.

Orders

  • Mother committed to prison for 14 days, suspended on condition of attendance at next hearing
  • M (the child) made a party to proceedings