K v D (Committal - Application to Strike Out) [2013] EWHC 796 (Fam) (02 April 2013)

K v D (Committal - Application to Strike Out) [2013] EWHC 796 (Fam) (02 April 2013)

The application for committal is not struck out because it has not been shown that there is no reasonable prospect of success; the orders are sufficiently precise to be enforceable; the application is not an abuse of process; and the court has jurisdiction over the grandparents due to their sufficient connection to England.

Citation
[2013] EWHC 796 (Fam)
Parties
Applicant: SK; Respondent: HD; Respondent: SD; Respondent: UD; Respondent: MD; Respondent: FD
Jurisdiction
England and Wales
Judgment Date
02 April 2013
Procedural Posture
Family Law – Committal Application Arising From Child Abduction / Application to Strike Out Committal Proceedings
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
Committal for Contempt, Child Abduction, Jurisdiction, Strike Out Applications
Family Law Civil Procedure Committal for Contempt Child Abduction Jurisdiction Strike Out Applications

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Parties

SK

Applicant

HD

Respondent

SD

Respondent

UD

Respondent

MD

Respondent

FD

Respondent

Procedural Posture

Family Law – Committal Application Arising From Child Abduction / Application to Strike Out Committal Proceedings

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 (respondents not resident in England)
  3. 3 Whether the orders are sufficiently precise to be enforceable by committal

Ratio Decidendi

The application for committal is not struck out because it has not been shown that there is no reasonable prospect of success; the orders are sufficiently precise to be enforceable; the application is not an abuse of process; and the court has jurisdiction over the grandparents due to their sufficient connection to England.

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 proceeds to hearing on 10 June 2013.