SA v Nsongo & Ors

SA v Nsongo & Ors

The court found, to the criminal standard of proof, that JN is alive, the grandfather knows her whereabouts and is able to arrange her return, and is in breach of the court orders; the mother is not found in contempt as the court is not satisfied beyond reasonable doubt she can effect JN's return without the grandfather's permission.

Parties
Applicant: SA; 1st Respondent: Brunel Nsongo; 2nd Respondent: JN; Intervener: Christopher Yamba; 3rd Respondent: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Committal Application / Judgment After Committal Hearing
Outcome
Grandfather found in contempt of court; mother not found in contempt due to lack of proof she could comply.
Legal Topics
Committal Proceedings, Child Custody, Forgery, Standard of Proof, Parental Responsibility
Family Law Child Protection Contempt of Court Committal Proceedings Child Custody Forgery Standard of Proof Parental Responsibility

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Parties

SA

Applicant

Brunel Nsongo

1st Respondent

JN

2nd Respondent

Christopher Yamba

Intervener

Birmingham City Council

3rd Respondent

Procedural Posture

Committal Application / Judgment After Committal Hearing

Legal Issues

  1. 1 Whether the mother and grandfather are in contempt of court for failing to return JN to the jurisdiction
  2. 2 Whether JN is alive and her whereabouts known to the mother and grandfather
  3. 3 Whether the mother and grandfather are able to comply with the court order to return JN

Ratio Decidendi

The court found, to the criminal standard of proof, that JN is alive, the grandfather knows her whereabouts and is able to arrange her return, and is in breach of the court orders; the mother is not found in contempt as the court is not satisfied beyond reasonable doubt she can effect JN's return without the grandfather's permission.

Court Disposition

Grandfather found in contempt of court; mother not found in contempt due to lack of proof she could comply.

Orders

  • Grandfather sentenced to 6 months imprisonment for contempt of court.
  • Mother not committed due to insufficient proof of ability to comply with order.