Maryam Allami v Ali Fakher

Maryam Allami v Ali Fakher

The breaches of court orders were serious, repeated, and deliberate, with the father making clear he would not comply. The judge was justified in imposing an immediate custodial sentence as no reasonable alternative existed. The sentence was proportionate and in line with established principles. The appeal was dismissed.

Parties
Applicant/respondent: Maryam Allami; Respondent/appellant: Ali Fakher
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Contempt of Court Appeal / Appeal From High Court Committal Order
Outcome
Appeal dismissed
Legal Topics
Committal for Contempt, Enforcement of Child Return Orders, Sentencing for Contempt, Parental Child Abduction
Family Law Contempt of Court Committal for Contempt Enforcement of Child Return Orders Sentencing for Contempt Parental Child Abduction

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Parties

Maryam Allami

Applicant/respondent

Ali Fakher

Respondent/appellant

Procedural Posture

Family Law Contempt of Court Appeal / Appeal From High Court Committal Order

Legal Issues

  1. 1 Whether the six-month immediate custodial sentence for contempt was disproportionate
  2. 2 Whether the judge erred in not suspending the sentence
  3. 3 Whether alternative remedies to imprisonment were available and appropriate

Ratio Decidendi

The breaches of court orders were serious, repeated, and deliberate, with the father making clear he would not comply. The judge was justified in imposing an immediate custodial sentence as no reasonable alternative existed. The sentence was proportionate and in line with established principles. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Immediate custodial sentence of six months for contempt of court upheld
  • Order requiring the father to facilitate the return of the children to England and Wales and provide a notarised agreement remains in force