Raza v Gall

Raza v Gall

The mother, Ms Gall, was aware of the order to attend a preliminary meeting at Wycombe Child Contact Centre, failed to attend without reasonable excuse, showed no contrition, and her breach was serious and fundamental to the proceedings; therefore, she is found in contempt of court and a suspended term of imprisonment is the proportionate sanction.

Parties
Applicant: Raza; Respondent: Gall; Child's Guardian: Philips (Guardian)
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Family Law Committal/contempt Proceedings / Judgment After Fact Finding and Sanction Hearing
Outcome
Mother found in contempt of court; 28 days' imprisonment imposed, suspended on condition of compliance with court order.
Legal Topics
Child Arrangements, Enforcement of Court Orders, Committal Proceedings, Sanctions for Contempt
Family Law Contempt of Court Child Arrangements Enforcement of Court Orders Committal Proceedings Sanctions for Contempt

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Parties

Raza

Applicant

Gall

Respondent

Philips (Guardian)

Child's Guardian

Procedural Posture

Family Law Committal/contempt Proceedings / Judgment After Fact Finding and Sanction Hearing

Legal Issues

  1. 1 Whether Ms Gall breached the court order of 21 July 2023 by failing to attend a preliminary meeting at Wycombe Child Contact Centre and thereby committed contempt of court
  2. 2 What is the appropriate sanction for the contempt

Ratio Decidendi

The mother, Ms Gall, was aware of the order to attend a preliminary meeting at Wycombe Child Contact Centre, failed to attend without reasonable excuse, showed no contrition, and her breach was serious and fundamental to the proceedings; therefore, she is found in contempt of court and a suspended term of imprisonment is the proportionate sanction.

Court Disposition

Mother found in contempt of court; 28 days' imprisonment imposed, suspended on condition of compliance with court order.

Orders

  • Ms Gall must serve 28 days' imprisonment, suspended provided she attends and engages with the Wycombe Child Contact Centre on 28 October 2023 between 10:00am and 3:00pm to arrange interim contact.
  • If Ms Gall fails to comply, she will serve 14 days' imprisonment (50% of the term imposed).