Raza v Gall
[2023] EWFC 181 (B)
A Father v A Mother (application for committal)
5 June 2024
[2024] EWFC 127 (B)
Family Court
A mom repeatedly disobeyed court orders about letting her daughter see her dad. The judge considered sending her to jail but decided against it because it would hurt the daughter more. Instead, the mom got a fine.
Key Facts
- •Mother admitted breaches of court orders relating to providing welfare updates and allowing a guardian to meet with the child.
- •Orders were repeatedly issued with penal notices, yet the mother remained non-compliant.
- •Mother claimed compliance would harm the child due to alleged past domestic abuse.
- •Court rejected mother's claims of domestic abuse based on previous fact-finding judgment.
- •Child is 8 years old and has had no contact with her father.
- •Mother is the sole carer and has no family network in the UK.
- •Local authority is considering a child assessment order due to concerns about the child's welfare.
Legal Principles
Court's sentencing powers for contempt of court are found in Part 37 of the Family Procedure Rules 2010, associated Practice Direction, Family Court (Contempt of Court) (Powers) Regulations 2014, and Practice Direction on Committal for Contempt of Court.
Family Procedure Rules 2010, Family Court (Contempt of Court) (Powers) Regulations 2014, Practice Directions
When considering committal, the court must consider: 1) if the custody threshold is passed; 2) if committal is unavoidable; 3) the shortest term commensurate with the offence; 4) whether the term can be suspended.
Liverpool Victoria Insurance Company Limited v Zafar [2019] EWCA Civ 392
The court must balance the harm to the mother and child against the need to punish the contempt and preserve Article 8 rights.
Case Law
Outcomes
The court did not impose a term of committal.
While the breaches were serious and met the threshold for committal, the court found that imprisonment would cause significant harm to the child by removing her primary carer, and that it was unlikely to result in compliance. The court also noted the ongoing private law proceedings, the involvement of a guardian and local authority.
The mother was fined £250 payable within 14 days.
This was considered the only realistic means of imposing a consequence on the mother given her financial situation and the father's lack of enthusiasm for a more severe punishment.