Samira Addou v Sidali Bennabi

Samira Addou v Sidali Bennabi

The suspended committal order of 2 December 2022 is too procedurally defective and unclear to be activated, causing identifiable prejudice to the respondent. However, the respondent is in contempt of court for three specific breaches of clear return orders with deadlines, as the applicant has proved to the criminal standard that the respondent was aware of, able to comply with, and deliberately breached those orders.

Parties
Applicant: Samira Addou; Respondent: Sidali Bennabi
Jurisdiction
England and Wales
Judgment Date
31 October 2024
Procedural Posture
Family Law Child Abduction/committal / Judgment on Committal Applications and Activation of Suspended Sentence
Outcome
Application to activate suspended committal order dismissed; respondent found in contempt of court for three breaches of return orders.
Legal Topics
Child Abduction, Committal Proceedings, Suspended Sentences, Enforcement of Court Orders
Family Law Contempt of Court Child Abduction Committal Proceedings Suspended Sentences Enforcement of Court Orders

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Parties

Samira Addou

Applicant

Sidali Bennabi

Respondent

Procedural Posture

Family Law Child Abduction/committal / Judgment on Committal Applications and Activation of Suspended Sentence

Legal Issues

  1. 1 Whether the suspended committal order of 2 December 2022 can be activated against the respondent
  2. 2 Whether the respondent is in contempt of court for breaches of subsequent return orders requiring the return of the child to England and Wales

Ratio Decidendi

The suspended committal order of 2 December 2022 is too procedurally defective and unclear to be activated, causing identifiable prejudice to the respondent. However, the respondent is in contempt of court for three specific breaches of clear return orders with deadlines, as the applicant has proved to the criminal standard that the respondent was aware of, able to comply with, and deliberately breached those orders.

Court Disposition

Application to activate suspended committal order dismissed; respondent found in contempt of court for three breaches of return orders.

Orders

  • Application to activate the suspended committal order of 2 December 2022 is dismissed.
  • Respondent found in contempt of court for breaches of orders dated 11 May 2023, 8 March 2024, and 23 September 2024 requiring return of the child by specified deadlines.