Joyce v Joyce [2013] EWHC 1353 (Fam) (16 May 2013)

The court found beyond reasonable doubt that the father knows the whereabouts of the children or how they can be contacted, and is in contempt for failing to provide this information and comply with the return order.

Citation: [2013] EWHC 1353 (Fam)
Parties: Applicant: Mary Joyce; Respondent: Patrick Joyce
Jurisdiction: England and Wales
Judgment Date: 16 May 2013
Procedural Posture: Family Law Hague Convention Child Abduction / Contempt Proceedings Following Non Compliance With Return Order
Outcome: Respondent found in contempt of court and sentenced to six months' imprisonment, with opportunity to purge contempt by assisting the court.
Legal Topics: Hague Convention, Child Return Orders, Contempt of Court

Family Law International Child Abduction Hague Convention Child Return Orders Contempt of Court

Case Brief

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Parties

Mary Joyce

Applicant

Patrick Joyce

Respondent

Procedural Posture

Family Law Hague Convention Child Abduction / Contempt Proceedings Following Non Compliance With Return Order

Legal Issues

1 Whether the respondent is in contempt of court for failing to comply with orders to return children to Ireland under the Hague Convention

Ratio Decidendi

Court Disposition

Respondent found in contempt of court and sentenced to six months' imprisonment, with opportunity to purge contempt by assisting the court.

Orders

Respondent committed to prison for six months for contempt of court.
Respondent may return to court to purge contempt by assisting in locating the children.