Samira Addou v Sidali Bennabi

Samira Addou v Sidali Bennabi

The respondent father was properly served with all relevant documents and notice of the committal hearing, had sufficient opportunity to attend and respond, and has deliberately and repeatedly breached multiple court orders requiring the return of the child to England and Wales. The breaches are proved beyond reasonable doubt and warrant a custodial sentence, which is suspended to prioritise the child's return.

Parties
Applicant: Samira Addou; Respondent: Sidali Bennabi (aka Sid Ali Bennabi)
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Committal Application in Family Proceedings (wardship) / Judgment After Contested Committal Hearing
Outcome
Application for committal granted; respondent found in contempt of court.
Legal Topics
Wardship, Enforcement of Child Return Orders, Committal for Contempt, Service of Process, Jurisdiction, Suspended Sentences
Family Law Child Abduction Contempt of Court Wardship Enforcement of Child Return Orders Committal for Contempt Service of Process Jurisdiction +1 more

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Parties

Samira Addou

Applicant

Sidali Bennabi (aka Sid Ali Bennabi)

Respondent

Procedural Posture

Committal Application in Family Proceedings (wardship) / Judgment After Contested Committal Hearing

Legal Issues

  1. 1 Whether the respondent father breached multiple court orders requiring the return of the child to England and Wales
  2. 2 Whether the respondent was properly served and had notice of the proceedings
  3. 3 Whether committal for contempt is appropriate and, if so, the appropriate sentence

Ratio Decidendi

The respondent father was properly served with all relevant documents and notice of the committal hearing, had sufficient opportunity to attend and respond, and has deliberately and repeatedly breached multiple court orders requiring the return of the child to England and Wales. The breaches are proved beyond reasonable doubt and warrant a custodial sentence, which is suspended to prioritise the child's return.

Court Disposition

Application for committal granted; respondent found in contempt of court.

Orders

  • Respondent father sentenced to 18 months' imprisonment, suspended for 2 years, for contempt of court.
  • Fresh order that the respondent must return Yanis Rabah Bennabi to the jurisdiction of England and Wales by 23:59 on 9 December 2022.