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Glanville v Mahmoud

[2024] EWHC 1739 (Fam)
A mom and dad are fighting over their child. The mom took the child to other countries without permission, and made false accusations against the dad and his lawyer. The judge didn't believe the mom and said she can't see the child without supervision. The mom also needs to explain or apologize for her serious lies about the dad and his lawyer.

Key Facts

  • Fact-finding hearing concerning custody arrangements for Adam Glanville (born July 27, 2017).
  • Protracted litigation since January 2020, involving numerous allegations.
  • Mother (Karima Gadelrab Elsayed Mahmoud) accused of child abduction to Saudi Arabia and Oman, and making threats against the father.
  • Mother's evidence deemed unreliable unless corroborated by independent evidence.
  • Father (Daniel Glanville) found to be honest and credible.
  • Mother accused the father's solicitor of perjury, forgery and bribery.
  • Mother's repeated attempts to circumvent court orders.
  • Mother's travel to expensive destinations inconsistent with her legal aid status.
  • Mother's behaviour described as belligerent, dishonest, and abusive towards the court and other parties.
  • Court orders concerning child's removal from the jurisdiction of England and Wales were poorly worded, creating confusion.
  • Mother's trip to Northern Ireland interpreted as an attempt to cross the border into the Republic of Ireland.

Legal Principles

Reliability of witness testimony, particularly regarding recollections of conversations.

Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Leggatt J)

Standard wording in Child Arrangements Orders regarding removal of children from the jurisdiction should be clear and unambiguous.

This case's analysis of previous court orders

The court will not tolerate abusive behaviour towards officers of the court.

Judge's statements throughout the judgment

Outcomes

Allegation of threats to kill by the father rejected.

Lack of supporting evidence and assessment of the mother's credibility.

Mother found to have breached court orders by removing Adam from the jurisdiction on three separate occasions.

Evidence of travel to Saudi Arabia, Oman, and Northern Ireland.

Mother's contact with Adam to be supervised.

Risk of further attempts to remove Adam from the jurisdiction.

Mother's legal aid certificate to be reviewed.

Inconsistent with her travel expenditure.

Mother to withdraw or substantiate allegations of perjury, forgery, and bribery against the father's solicitor and NYAS caseworker within 7 days.

Serious allegations require proof or retraction.

Case to continue before Mr Justice Francis, despite his planned retirement.

Serious allegations and international aspects of the case.

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