Joyce v Joyce

Joyce v Joyce

The court found beyond reasonable doubt that the respondent knew or could locate the children and deliberately withheld assistance from the court, constituting contempt of court for non-compliance with child return orders.

Parties
Applicant: Mary Joyce; Respondent: Patrick Joyce
Jurisdiction
England and Wales
Judgment Date
16 May 2013
Procedural Posture
Family / Contempt of Court Hearing Following Non Compliance With Child Return Orders
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 / Contempt of Court Hearing Following Non Compliance With Child Return Orders

Legal Issues

  1. 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

The court found beyond reasonable doubt that the respondent knew or could locate the children and deliberately withheld assistance from the court, constituting contempt of court for non-compliance with child return orders.

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.
  • Case to be listed for review in half an hour on the following Monday to allow respondent opportunity to purge contempt.