K v D (Committal - Application to Strike Out)

K v D (Committal - Application to Strike Out)

The committal application will not be struck out because it has not been shown that there is no reasonable prospect of success on the evidence; the application is not abusive or fatally procedurally defective; and the court has jurisdiction over the grandparents due to their sufficient links to the UK and the child.

Parties
Applicant: SK; Respondent: HD; Respondent: SD; Respondent: UD; Respondent: MD; Respondent: FD
Jurisdiction
England and Wales
Judgment Date
02 April 2013
Procedural Posture
Committal Application Arising From Child Abduction (wardship/family) / Application to Strike Out Committal Proceedings; Challenge to Jurisdiction
Outcome
Application to strike out committal proceedings dismissed (except for allegations against the uncle based solely on the County Court order, which are struck out).
Legal Topics
Child Abduction, Committal for Contempt, Jurisdiction, Strike Out Applications, Disclosure Orders
Family Law Civil Procedure Child Abduction Committal for Contempt Jurisdiction Strike Out Applications Disclosure Orders

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Parties

SK

Applicant

HD

Respondent

SD

Respondent

UD

Respondent

MD

Respondent

FD

Respondent

Procedural Posture

Committal Application Arising From Child Abduction (wardship/family) / Application to Strike Out Committal Proceedings; Challenge to Jurisdiction

Legal Issues

  1. 1 Whether the committal application should be struck out for lack of reasonable grounds, abuse of process, or procedural failures
  2. 2 Whether the court has jurisdiction over the grandparents (foreign residents)
  3. 3 Whether the committal order is enforceable without a fixed time for compliance

Ratio Decidendi

The committal application will not be struck out because it has not been shown that there is no reasonable prospect of success on the evidence; the application is not abusive or fatally procedurally defective; and the court has jurisdiction over the grandparents due to their sufficient links to the UK and the child.

Court Disposition

Application to strike out committal proceedings dismissed (except for allegations against the uncle based solely on the County Court order, which are struck out).

Orders

  • Allegations against the uncle arising solely from the County Court order are struck out.
  • Father's committal application to proceed to trial.