Flora Abdul Sater v Samer Abdul Sater
[2023] EWHC 3509 (Fam)
H v Usama Ikram Butt & Anor
28 November 2023
[2023] EWHC 3042 (Fam)
High Court
A dad kept his child in the UAE despite a UK court repeatedly ordering him to bring the child back. The court sent the dad to jail for a year (but gave him a month to bring the child back first). The mom was allowed to tell everyone what happened to help bring the child home.
Key Facts
- •Father took child E to UAE without mother's knowledge in January 2021.
- •Multiple return orders were issued by the High Court since February 2021, all ignored by the Father.
- •Father repeatedly provided excuses for non-compliance, primarily relating to his health and E's specialist autism support in the UAE.
- •Court rejected Father's excuses and found that he prioritized his work and life in Dubai over E's relationship with his mother.
- •Mother applied for committal of Father for contempt of court and for permission to publicise the case.
- •Father did not attend the hearing but was represented by counsel.
- •Court found Father in contempt of court for repeated breaches of return orders.
Legal Principles
Committal for contempt of court requires proof of knowledge of the order, breach of the order, and knowledge of the facts constituting the breach.
Bailey v Bailey (Committal) (Rev1) [2022] EWFC 5
In family cases, the court considers the emotional tensions between family members and the need for continued contact, while imprisonment is not an automatic consequence of a breach.
Hale v Tanner [2000] EWCA Civ 5570
When considering publicity in family cases, the court balances Article 8 (right to private and family life) and Article 10 (freedom of expression) of the ECHR, with the child's interests as a major factor.
Tickle v Herefordshire County Council and others [2022] EWHC 1017
Outcomes
Father found in contempt of court.
Deliberate and repeated breaches of ten court orders over two and a half years, with unconvincing excuses.
12-month imprisonment sentence imposed, suspended for 28 days.
Seriousness of breach, continued defiance, and need to deter future non-compliance. Suspension to allow Father to return E to the UK.
Mother granted permission to publicise details of the case, including Father's name and the contempt finding, subject to a 28-day suspension.
Balancing Father's Article 8 rights with Mother's Article 10 rights, and the paramount interest of E's return. Publicity may incentivize Father's compliance.