AB v CD (Rev1) [2024] EWHC 2521 (Fam) (03 October 2024)

AB v CD (Rev1) [2024] EWHC 2521 (Fam) (03 October 2024)

The court has no power to order confiscation or sale of the respondent's property to fund the applicant's overseas litigation in the absence of a current contempt application and following the procedural requirements of FPR 37.9. Such relief can only be granted as part of sentencing after a contempt finding, not on a Part 18 application or without notice.

Citation
[2024] EWHC 2521 (Fam)
Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
03 October 2024
Procedural Posture
Family Law Child Abduction, Enforcement of Child Arrangements Order, Contempt / Application Under Part 18 FPR for Order to Sell Property to Fund Overseas Litigation; Interim Hearing
Outcome
Application for sale of property refused; interim injunction granted.
Legal Topics
Sequestration and Confiscation of Assets, Enforcement of Child Arrangements Orders, Jurisdiction for Contempt Sanctions, Procedural Requirements for Contempt Applications, Interim Injunctions
Family Law Child Abduction Contempt of Court Enforcement of Orders Sequestration and Confiscation of Assets Enforcement of Child Arrangements Orders Jurisdiction for Contempt Sanctions Procedural Requirements for Contempt Applications +1 more

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family Law Child Abduction, Enforcement of Child Arrangements Order, Contempt / Application Under Part 18 FPR for Order to Sell Property to Fund Overseas Litigation; Interim Hearing

Legal Issues

  1. 1 Whether the court has power to order sale of respondent's property to fund applicant's overseas litigation following contempt
  2. 2 Whether sequestration/confiscation of assets is available as a remedy under current FPR/CPR
  3. 3 Procedural requirements for contempt/confiscation applications

Ratio Decidendi

The court has no power to order confiscation or sale of the respondent's property to fund the applicant's overseas litigation in the absence of a current contempt application and following the procedural requirements of FPR 37.9. Such relief can only be granted as part of sentencing after a contempt finding, not on a Part 18 application or without notice.

Court Disposition

Application for sale of property refused; interim injunction granted.

Orders

  • Dispensed with personal service of contempt application on respondent; permitted service by email.
  • Injunction restraining respondent from selling, charging, or dealing with the property pending contempt proceedings.