Button v Salama & Anor

Button v Salama & Anor

The father remains in contempt of court for refusing to disclose Elsa’s whereabouts and facilitate her return, but having already served the statutory maximum period for contempt, further imprisonment is not permissible. The court is satisfied that the father is complicit in Elsa’s continued abduction. The court formally requests the Secretary of State for Foreign and Commonwealth Affairs to use all available diplomatic measures to locate Elsa in Egypt so that the mother can enforce the Egyptian custody order.

Parties
Applicant: Naomi Isis Button; First Respondent: Tamer Afifi Mohamed Afifi Salama; Second Respondent (by Her Children’s Guardian): Elsa Salama
Jurisdiction
England and Wales
Judgment Date
26 February 2019
Procedural Posture
Family / Interlocutory Judgment on Ongoing Wardship and Enforcement
Outcome
Adjourned with formal request for diplomatic intervention
Legal Topics
Wardship, Child Custody, Enforcement of Foreign Custody Orders, Contempt of Court, International Cooperation
Family Law International Child Abduction Contempt of Court Wardship Child Custody Enforcement of Foreign Custody Orders International Cooperation

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Parties

Naomi Isis Button

Applicant

Tamer Afifi Mohamed Afifi Salama

First Respondent

Elsa Salama

Second Respondent (by Her Children’s Guardian)

Procedural Posture

Family / Interlocutory Judgment on Ongoing Wardship and Enforcement

Legal Issues

  1. 1 Whether the father continues to be in contempt of court for refusing to disclose the whereabouts of the child and cause her return to England and Wales
  2. 2 Whether further imprisonment for contempt is permissible or effective
  3. 3 Whether criminal proceedings should be considered against the father for conspiracy to abduct and perjury

Ratio Decidendi

The father remains in contempt of court for refusing to disclose Elsa’s whereabouts and facilitate her return, but having already served the statutory maximum period for contempt, further imprisonment is not permissible. The court is satisfied that the father is complicit in Elsa’s continued abduction. The court formally requests the Secretary of State for Foreign and Commonwealth Affairs to use all available diplomatic measures to locate Elsa in Egypt so that the mother can enforce the Egyptian custody order.

Court Disposition

Adjourned with formal request for diplomatic intervention

Orders

  • A copy of the judgment is to be sent to the Commissioner of the Metropolitan Police for consideration of criminal proceedings against the father for conspiracy to abduct and perjury.
  • The Secretary of State for Foreign and Commonwealth Affairs is respectfully and formally requested to use all available diplomatic measures to locate Elsa Salama in Egypt.