Button v Salama

The respondent deliberately breached the obligations imposed by the order of Cobb J. dated 15th January 2013, and his defence was found to be dishonest and designed to mislead the court. The breaches are new and settled, warranting immediate concurrent sentences of imprisonment consecutive to prior sentences.

Parties: Applicant: Button; Respondent: Salama
Jurisdiction: England and Wales
Judgment Date: 02 July 2013
Procedural Posture: Wardship/committal / Judgment on Committal Application for Breach of Court Order
Outcome: Application for committal granted; respondent sentenced to immediate imprisonment for contempt.
Legal Topics: Wardship, Child Abduction, Committal for Contempt, Enforcement of Court Orders

Family Law Contempt of Court Wardship Child Abduction Committal for Contempt Enforcement of Court Orders

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Button

Applicant

Salama

Respondent

Procedural Posture

Wardship/committal / Judgment on Committal Application for Breach of Court Order

Legal Issues

1 Whether the respondent breached the order of Cobb J. dated 15th January 2013
2 Whether the breaches are new and settled breaches warranting further committal
3 Appropriate penalty for contempt given prior imprisonment

Ratio Decidendi

Court Disposition

Application for committal granted; respondent sentenced to immediate imprisonment for contempt.

Orders

Six months immediate custody for breach of paragraph 3 of Cobb J.'s order.
Six months immediate imprisonment for breach of paragraph 4 (failure to return Elsa), concurrent.