Winter v Winter [2010] EWHC 3825 (Fam) (30 June 2010)

Winter v Winter [2010] EWHC 3825 (Fam) (30 June 2010)

Mr Winter was in deliberate contempt of court by failing to comply with the order to bring £32,000 into the jurisdiction and pay maintenance arrears, despite clear knowledge of his obligations and repeated opportunities to comply. The court imposed a one-year custodial sentence, suspended on strict conditions of payment.

Citation
[2010] EWHC 3825 (Fam)
Parties
Applicant/claimant: Karl Haken Winter; Respondent/defendant: Ann Sofi Winter
Jurisdiction
England and Wales
Judgment Date
30 June 2010
Procedural Posture
Family Law Committal Application and Judgment Summons / Judgment After Hearing of Committal Application and Judgment Summons
Outcome
Applicant found in contempt of court; sentenced to one year imprisonment, suspended on conditions.
Legal Topics
Committal for Contempt, Enforcement of Maintenance Orders, Freezing Injunctions, Variation of Periodical Payments, Child Maintenance Arrears
Family Law Contempt of Court Committal for Contempt Enforcement of Maintenance Orders Freezing Injunctions Variation of Periodical Payments Child Maintenance Arrears

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Parties

Karl Haken Winter

Applicant/claimant

Ann Sofi Winter

Respondent/defendant

Procedural Posture

Family Law Committal Application and Judgment Summons / Judgment After Hearing of Committal Application and Judgment Summons

Legal Issues

  1. 1 Whether Mr Winter is in contempt of court for breach of the order dated 18 December 2009
  2. 2 Whether Mr Winter has failed to pay child maintenance as ordered
  3. 3 Whether the court should impose a custodial sentence for contempt

Ratio Decidendi

Mr Winter was in deliberate contempt of court by failing to comply with the order to bring £32,000 into the jurisdiction and pay maintenance arrears, despite clear knowledge of his obligations and repeated opportunities to comply. The court imposed a one-year custodial sentence, suspended on strict conditions of payment.

Court Disposition

Applicant found in contempt of court; sentenced to one year imprisonment, suspended on conditions.

Orders

  • Mr Winter to pay £8,610 maintenance for January to July 2010 into a joint solicitors' account immediately.
  • Mr Winter to pay £32,000 into the joint solicitors' account in four tranches: 30 October 2010, 31 January 2011, 30 April 2011, and 31 July 2011.