M (Children) [2005] EWCA Civ 615 (11 April 2005)

M (Children) [2005] EWCA Civ 615 (11 April 2005)

The judge erred in principle by imposing a suspended custodial sentence due to the appellant's lack of means to pay a fine, and by not first being satisfied that a custodial sentence was justified. The finding of contempt stands, but the suspended committal sentence is discharged and no order is substituted.

Source-derived case information.

Citation
[2005] EWCA Civ 615
Parties
Appellant: Mr M; Respondent: Mrs M
Jurisdiction
England and Wales
Judgment Date
11 April 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Committal Proceedings, Breach of Court Order, Child Residence
Family Law Contempt of Court Committal Proceedings Breach of Court Order Child Residence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr M

Appellant

Mrs M

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant breached the court order regarding the child's return
  2. 2 Whether procedural irregularity affected the fairness of the committal proceedings
  3. 3 Appropriateness of the penalty imposed for contempt

Ratio Decidendi

The judge erred in principle by imposing a suspended custodial sentence due to the appellant's lack of means to pay a fine, and by not first being satisfied that a custodial sentence was justified. The finding of contempt stands, but the suspended committal sentence is discharged and no order is substituted.

Court Disposition

appeal allowed

Orders

  • finding of contempt to stand
  • suspended committal sentence discharged