Omay Ali Elhag Elkndo v Elnoaman Gassam Elsyed (Committal: Sentence)

Omay Ali Elhag Elkndo v Elnoaman Gassam Elsyed (Committal: Sentence)

Given the Defendant's repeated, deliberate breaches of court orders, his misleading of the court, and the serious harm caused to the children, an immediate custodial sentence of fifteen months is the only appropriate and proportionate penalty.

Parties
Claimant: Omay Ali Elhag Elkndo; Defendant: Elnoaman Gassam Elsyed
Jurisdiction
England and Wales
Judgment Date
29 August 2024
Procedural Posture
Committal for Contempt (family) / Sentencing After Finding of Contempt
Outcome
Defendant committed to prison for contempt of court
Legal Topics
Committal Proceedings, Wardship, Child Abduction, Sentencing for Contempt
Family Law Contempt of Court Committal Proceedings Wardship Child Abduction Sentencing for Contempt

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Parties

Omay Ali Elhag Elkndo

Claimant

Elnoaman Gassam Elsyed

Defendant

Procedural Posture

Committal for Contempt (family) / Sentencing After Finding of Contempt

Legal Issues

  1. 1 What is the appropriate penalty for repeated breaches of family court orders amounting to contempt of court?
  2. 2 Should the sentence be immediate imprisonment, and if so, for what duration?

Ratio Decidendi

Given the Defendant's repeated, deliberate breaches of court orders, his misleading of the court, and the serious harm caused to the children, an immediate custodial sentence of fifteen months is the only appropriate and proportionate penalty.

Court Disposition

Defendant committed to prison for contempt of court

Orders

  • Defendant sentenced to fifteen months' imprisonment for contempt, to serve half in custody.
  • Sentences for various grounds to run concurrently and consecutively as specified.