D (Contempt: Breach), Re

D (Contempt: Breach), Re

The respondent was present and legally represented when the orders were made, understood their terms, and was able to comply but deliberately chose not to. His arguments regarding Algerian law and the effect of the divorce do not excuse his non-compliance. The applicant has proved beyond reasonable doubt that the respondent is in breach of Paragraph 3 of the order of HHJ Hopkins KC and Paragraph 4 of the order of Mrs Justice Lieven DBE.

Parties
Applicant: Applicant; Respondent: Defendant
Jurisdiction
England and Wales
Judgment Date
12 April 2025
Procedural Posture
Family Law Committal for Contempt / Post Hearing Judgment on Liability for Contempt; Sentencing Adjourned
Outcome
Respondent found in contempt of court for breach of two specific paragraphs of court orders; sentencing adjourned.
Legal Topics
Committal Proceedings, Breach of Court Orders, Child Return, International Family Law
Family Law Contempt of Court Committal Proceedings Breach of Court Orders Child Return International Family Law

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Parties

Applicant

Applicant

Defendant

Respondent

Procedural Posture

Family Law Committal for Contempt / Post Hearing Judgment on Liability for Contempt; Sentencing Adjourned

Legal Issues

  1. 1 Whether the respondent is in contempt of court for failing to comply with orders requiring attendance at the Algerian consulate and signing documents to facilitate the return of the child to England
  2. 2 Whether the respondent's alleged inability to comply due to Algerian law constitutes a defence to contempt

Ratio Decidendi

The respondent was present and legally represented when the orders were made, understood their terms, and was able to comply but deliberately chose not to. His arguments regarding Algerian law and the effect of the divorce do not excuse his non-compliance. The applicant has proved beyond reasonable doubt that the respondent is in breach of Paragraph 3 of the order of HHJ Hopkins KC and Paragraph 4 of the order of Mrs Justice Lieven DBE.

Court Disposition

Respondent found in contempt of court for breach of two specific paragraphs of court orders; sentencing adjourned.

Orders

  • Sentencing adjourned to 16 December 2025.
  • Respondent found in breach of Paragraph 3 of the order of HHJ Hopkins KC (25 September 2025).