Fahad Abdi v Manchester City Council & Ors
[2023] EWCA Civ 1214
Maryam Allami v Ali Fakher
19 May 2023
[2023] EWCA Civ 532
Court of Appeal
A dad didn't bring his kids back from Iran even though a UK court ordered him to. He kept breaking court rules, so the judge sent him to jail for six months. The higher court agreed that the jail time was fair because the dad was deliberately ignoring the court and putting his kids in a bad situation.
Key Facts
- •Father and mother, both with Iranian and British citizenship, had two children.
- •Following a dispute, the mother took the children to Iran, and the father prevented their return to the UK.
- •The mother sought court orders in the UK for the children's return.
- •The father repeatedly breached multiple court orders to return the children and provide a notarised agreement.
- •The father claimed his non-compliance was due to the actions of the tagging company and the surrender of his driving licence.
- •The court found the father in contempt of court for repeatedly breaching orders.
Legal Principles
Sentencing for contempt of court has two objectives: to mark the court's disapproval and to secure future compliance.
Hale v Tanner [2000] EWCA Civ 5570
Committal to prison is appropriate only when no reasonable alternative exists.
MacDonald J's judgment
In family proceedings, committal should be a last resort to avoid further family damage and harm to children.
Ansah v Ansah [1977] 2 WLR 760 and Re B (Contact Order: Enforcement) [2010] 1 WLR 419
Sentencing for breach of orders is a multifactorial exercise of judgment based on the facts and circumstances. The sentence must be just and proportionate.
Lovett v Wigan Borough Council [2022] EWCA Civ 1631
Outcomes
Appeal dismissed.
The court found the breaches were serious enough to warrant an immediate custodial sentence. The father's repeated refusals to comply, despite opportunities, and his deliberate actions to hinder compliance justified the decision. Alternative remedies were deemed futile.