Fahad Abdi v Manchester City Council & Ors
[2023] EWCA Civ 1214
Manchester City Council v Maryan Yusef & Ors.
11 May 2023
[2023] EWHC 1248 (Fam)
High Court
A dad refused to bring his kids back from Somalia, even after going to jail for it. The judge said he's going to jail again for a year unless he brings them back.
Key Facts
- •Manchester City Council applied to commit Farad Abdi to prison for breaching court orders related to the return of his four children from Somalia.
- •Abdi refused to attend the hearing, claiming it was a civil matter.
- •The children's whereabouts are unknown, but they are believed to be in Somalia.
- •Abdi had been granted legal aid but his lawyers withdrew.
- •The court considered whether to proceed with the committal hearing in Abdi's absence.
- •The court had previously found Abdi in contempt of court and sentenced him to imprisonment.
- •The Local Authority alleged Abdi breached orders to return the children and provide PIN numbers for his mobile phones.
- •Abdi failed to comply with court orders to return the children and provide PIN numbers, despite multiple opportunities.
- •The court considered various procedural requirements for committal hearings.
Legal Principles
Whether the court can proceed with a committal hearing in the respondent's absence.
Sanchez v Oboz [2015] EWHC 235 (Fam)
Committal proceedings are essentially criminal in nature; the presumption of innocence applies; Arts 6(1) and 6(3) of the ECHR are engaged.
Sanchez v Oboz [2015] EWHC 235 (Fam)
Strict procedural requirements must be met in committal hearings.
Various case law mentioned in section 26
The penalty of contempt has two primary functions: upholding court authority and ensuring future compliance.
Patel & Others (mentioned in section 34)
Outcomes
The court proceeded with the committal hearing in Abdi's absence.
Abdi had sufficient notice, no credible reason for non-appearance, his actions constituted waiver of his right to be present, and further adjournment was unlikely to secure his attendance. The court considered the factors in Sanchez v Oboz and found no undue prejudice to Abdi or the forensic process.
The court found Abdi in breach of the orders of 16 February 2023 and 3 March 2023.
Beyond reasonable doubt, Abdi failed to ensure children's return and provide PIN numbers despite repeated opportunities.
The court sentenced Abdi to twelve months' imprisonment.
Aggravating factors included Abdi's contumelious failure to comply with orders, knowledge of children's whereabouts, and continued refusal to cooperate. Mitigating factors were absent due to Abdi's refusal to attend. The sentence aimed to uphold court authority, deter similar conduct, and ensure future compliance.
A further order under the inherent jurisdiction was made requiring Abdi to cause the return of the children by 30 May 2023 and surrender PIN numbers.
To ensure the children's return to the jurisdiction.
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