Y v Z

Y v Z

The mother is in contempt of court for failing to comply with the order to return the children to England and Wales, having been properly served and given ample opportunity to participate or explain her actions.

Source-derived case information.

Parties
Applicant: Y; Respondent: Z
Jurisdiction
England and Wales
Judgment Date
10 September 2015
Procedural Posture
Committal Application for Contempt / Judgment on Contempt, Sentence Adjourned
Outcome
Mother found in contempt of court; question of sentence adjourned.
Legal Topics
Child Custody, International Child Abduction, Enforcement of Court Orders, Committal Proceedings
Family Law Contempt of Court Child Custody International Child Abduction Enforcement of Court Orders Committal Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Y

Applicant

Z

Respondent

Procedural Posture

Committal Application for Contempt / Judgment on Contempt, Sentence Adjourned

Legal Issues

  1. 1 Whether the respondent mother is in contempt of court for failing to return the children to England and Wales as ordered
  2. 2 Whether service of the relevant orders and notice of hearing was properly effected
  3. 3 Whether it is appropriate to proceed in the absence of the respondent

Ratio Decidendi

The mother is in contempt of court for failing to comply with the order to return the children to England and Wales, having been properly served and given ample opportunity to participate or explain her actions.

Court Disposition

Mother found in contempt of court; question of sentence adjourned.

Orders

  • Mother found in contempt of court for failing to comply with order to return children.
  • Question of sentence adjourned to allow mother time for reflection and mitigation.