H v Usama Ikram Butt & Anor

H v Usama Ikram Butt & Anor

The father has deliberately and repeatedly breached ten High Court orders requiring him to return E to the UK, without credible justification. The breaches are serious, continuing, and defiant. The custody threshold is met and a sentence of 12 months' imprisonment is appropriate. Suspension of the sentence is not...

Source-derived case information.

Parties
Applicant: H; Respondent: Usama Ikram Butt; Respondent: E (Acting by his Guardian, Ms Lynn Magson of CAFCASS)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family Law Committal for Contempt / Judgment After Committal Application Hearing
Outcome
Application for committal granted. Father sentenced to 12 months' imprisonment for contempt of court, with execution of sentence stayed for 28 days to allow compliance. Publicity order granted, also stayed for 28 days.
Legal Topics
Child Arrangements, International Child Abduction, Committal Proceedings, Publicity Orders
Family Law Contempt of Court Child Arrangements International Child Abduction Committal Proceedings Publicity Orders

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Parties

H

Applicant

Usama Ikram Butt

Respondent

E (Acting by his Guardian, Ms Lynn Magson of CAFCASS)

Respondent

Procedural Posture

Family Law Committal for Contempt / Judgment After Committal Application Hearing

Legal Issues

  1. 1 Whether Mr Usama Ikram Butt is in contempt of court for failing to comply with orders to return the child E to the UK
  2. 2 Whether a custodial sentence is appropriate for repeated breaches of court orders
  3. 3 Whether the mother should be permitted to publicise the father's breaches and the court's orders

Ratio Decidendi

The father has deliberately and repeatedly breached ten High Court orders requiring him to return E to the UK, without credible justification. The breaches are serious, continuing, and defiant. The custody threshold is met and a sentence of 12 months' imprisonment is appropriate. Suspension of the sentence is not justified, but a 28-day stay is granted to allow compliance. Publicity of the breaches and sentence is justified in the interests of the child and to secure compliance, subject to a 28-day suspension to allow the father to comply.

Court Disposition

Application for committal granted. Father sentenced to 12 months' imprisonment for contempt of court, with execution of sentence stayed for 28 days to allow compliance. Publicity order granted, also stayed for 28 days.

Orders

  • Mr Usama Ikram Butt is committed to prison for 12 months for contempt of court, execution stayed for 28 days to allow him to return E to the UK.
  • If the father returns with E and remains in the UK within 28 days, he will not be arrested at the airport, but passports will be seized and a hearing will be arranged within 7 days to consider child arrangements.