Allami v Fakher [2023] EWCA Civ 532 (19 May 2023)

Allami v Fakher [2023] EWCA Civ 532 (19 May 2023)

The seriousness, persistence, and deliberate nature of the father's breaches of multiple court orders, combined with his stated refusal to comply and the ineffectiveness of alternative remedies, justified the imposition of an immediate custodial sentence of six months for contempt of court. The sentence was proportionate and necessary to uphold the authority of the court and deter future non-compliance.

Citation
[2023] EWCA Civ 532
Parties
Applicant/respondent: Maryam Allami; Respondent/appellant: Ali Fakher
Jurisdiction
England and Wales
Judgment Date
19 May 2023
Procedural Posture
Appeal (family Law Contempt of Court) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed; immediate custodial sentence of six months for contempt of court upheld.
Legal Topics
Committal for Contempt, Enforcement of Child Return Orders, Sentencing for Contempt, Wardship, International Child Abduction
Family Law Contempt of Court Committal for Contempt Enforcement of Child Return Orders Sentencing for Contempt Wardship International Child Abduction

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Parties

Maryam Allami

Applicant/respondent

Ali Fakher

Respondent/appellant

Procedural Posture

Appeal (family Law Contempt of Court) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the immediate custodial sentence of six months for contempt of court was disproportionate
  2. 2 Whether alternative remedies to imprisonment should have been exhausted before committal
  3. 3 Whether the father's non-compliance was excused by alleged failures of the tagging company

Ratio Decidendi

The seriousness, persistence, and deliberate nature of the father's breaches of multiple court orders, combined with his stated refusal to comply and the ineffectiveness of alternative remedies, justified the imposition of an immediate custodial sentence of six months for contempt of court. The sentence was proportionate and necessary to uphold the authority of the court and deter future non-compliance.

Court Disposition

Appeal dismissed; immediate custodial sentence of six months for contempt of court upheld.

Orders

  • Father to serve immediate six-month custodial sentence for contempt of court.
  • Father required to facilitate the return of the children to England and Wales and provide a notarised agreement.