Maryam Allami v Ali Fakher & Anor

Maryam Allami v Ali Fakher & Anor

The father is found, beyond reasonable doubt, to have deliberately and repeatedly breached four High Court orders requiring him to provide notarised consent for the children to leave Iran and to return them to England and Wales. His asserted defences (lack of driving licence, tagging issues) are rejected as self-induced or not causative. The breaches are aggravated by his stated refusal to comply and his actions to frustrate compliance. Immediate imprisonment is the only proportionate sanction.

Parties
Applicant: Maryam Allami; First Respondent: Ali Fakher; Second Respondent: A Child (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
13 March 2023
Procedural Posture
Committal for Contempt of Court (family) / Judgment After Final Hearing on Committal Application
Outcome
Father found in contempt of court and sentenced to immediate imprisonment for 6 months.
Legal Topics
Child Abduction, Enforcement of Court Orders, Committal Proceedings, International Child Custody, Inherent Jurisdiction
Family Law Contempt of Court Child Abduction Enforcement of Court Orders Committal Proceedings International Child Custody Inherent Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Maryam Allami

Applicant

Ali Fakher

First Respondent

A Child (by their Children’s Guardian)

Second Respondent

Procedural Posture

Committal for Contempt of Court (family) / Judgment After Final Hearing on Committal Application

Legal Issues

  1. 1 Whether the father breached multiple High Court orders requiring return of children and provision of notarised consent
  2. 2 Whether the father's defences for non-compliance (lack of driving licence, tagging issues) are valid
  3. 3 Appropriate sanction for contempt of court

Ratio Decidendi

The father is found, beyond reasonable doubt, to have deliberately and repeatedly breached four High Court orders requiring him to provide notarised consent for the children to leave Iran and to return them to England and Wales. His asserted defences (lack of driving licence, tagging issues) are rejected as self-induced or not causative. The breaches are aggravated by his stated refusal to comply and his actions to frustrate compliance. Immediate imprisonment is the only proportionate sanction.

Court Disposition

Father found in contempt of court and sentenced to immediate imprisonment for 6 months.

Orders

  • Father committed to prison for 6 months for contempt of court.
  • Father ordered to facilitate the return of the children to England and Wales forthwith and provide a notarised agreement.