Raza v Gall [2023] EWFC 181 (B) (04 October 2023)

Raza v Gall [2023] EWFC 181 (B) (04 October 2023)

Ms Gall was aware of the order to attend the contact centre and deliberately chose not to comply, constituting a serious breach of a fundamental order in child arrangements proceedings. The breach was proved beyond reasonable doubt and, given the lack of mitigation or contrition, a custodial sanction was warranted, but suspended to allow compliance.

Citation
[2023] EWFC 181 (B)
Parties
Applicant: Raza; Respondent: Gall; Child's Guardian: Ms Philips (Guardian)
Jurisdiction
England and Wales
Judgment Date
04 October 2023
Procedural Posture
Family Law Committal for Contempt / Sanctions Hearing Following Finding of Contempt
Outcome
Mother found in contempt of court; 28 days' imprisonment imposed, suspended on condition of compliance.
Legal Topics
Child Arrangements Order, Enforcement of Court Orders, Committal Proceedings, Sanctions for Contempt
Family Law Contempt of Court Child Arrangements Order Enforcement of Court Orders Committal Proceedings Sanctions for Contempt

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 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Raza

Applicant

Gall

Respondent

Ms Philips (Guardian)

Child's Guardian

Procedural Posture

Family Law Committal for Contempt / Sanctions Hearing Following Finding of Contempt

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
  2. 2 Whether such breach constitutes contempt of court
  3. 3 Appropriate sanction for contempt

Ratio Decidendi

Ms Gall was aware of the order to attend the contact centre and deliberately chose not to comply, constituting a serious breach of a fundamental order in child arrangements proceedings. The breach was proved beyond reasonable doubt and, given the lack of mitigation or contrition, a custodial sanction was warranted, but suspended to allow compliance.

Court Disposition

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

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.
  • If she fails to comply, she will serve 14 days' imprisonment.