Hashimi v Hashimi

Hashimi v Hashimi

The application to commit is dismissed because it was brought without the prior permission of the court or the Attorney General, in breach of rule 17.6 of the Family Procedure Rules 2010, which is a mandatory requirement. Even if permission were granted, the application has low prospects of success based on the...

Source-derived case information.

Parties
Applicant: HADIAH HASHIMI; Respondent: SAYED GULAB SHAH HASHIMI
Jurisdiction
England and Wales
Judgment Date
25 November 2016
Procedural Posture
Application for Committal for Contempt of Court (family Division) / Preliminary Hearing on Whether Application Should Proceed to Final Committal Hearing or Be Dismissed
Outcome
Application to commit dismissed for all time; child ceases to be a ward of court
Legal Topics
Committal for Contempt, False Statement of Truth, Inherent Jurisdiction Over Children, Wardship, Procedural Requirements for Contempt Applications
Family Law Civil Procedure Committal for Contempt False Statement of Truth Inherent Jurisdiction Over Children Wardship Procedural Requirements for Contempt Applications

Source-derived case record

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Parties

HADIAH HASHIMI

Applicant

SAYED GULAB SHAH HASHIMI

Respondent

Procedural Posture

Application for Committal for Contempt of Court (family Division) / Preliminary Hearing on Whether Application Should Proceed to Final Committal Hearing or Be Dismissed

Legal Issues

  1. 1 Whether the application to commit for contempt can proceed without prior permission of the court or Attorney General under rule 17.6 of the Family Procedure Rules 2010
  2. 2 Whether the respondent complied with the order to provide information about the child's whereabouts
  3. 3 Whether there is a realistic prospect of proving to the criminal standard that the respondent's statement was false

Ratio Decidendi

The application to commit is dismissed because it was brought without the prior permission of the court or the Attorney General, in breach of rule 17.6 of the Family Procedure Rules 2010, which is a mandatory requirement. Even if permission were granted, the application has low prospects of success based on the evidence available.

Court Disposition

Application to commit dismissed for all time; child ceases to be a ward of court

Orders

  • Application to commit the respondent for contempt is dismissed for all time on procedural and substantive grounds
  • The child ceases to be a ward of court, but the court retains inherent jurisdiction to make orders concerning the child