Chaimae Chat Kaha v Adil Lahmer
[2024] EWHC 2439 (Fam)
Natalie Dawn Kennedy v Philip Thomas
14 February 2024
[2024] EWHC 303 (Fam)
High Court
A dad didn't bring his daughter back from holiday as ordered by a court. The judge was very angry and sentenced the dad to 12 months in jail, but gave him a month to return the child before he has to go to jail.
Key Facts
- •Father (Respondent) took 5-year-old daughter (Alice) to Florida on holiday and failed to return her to the UK as per court order.
- •Multiple court orders were issued for Alice's return, all ignored by the Father.
- •Father initially acted in person, then obtained legal representation.
- •Father failed to attend the committal hearing despite court order, but participated remotely.
- •Father admitted to two breaches of court orders.
- •Court considered previous judgments on similar cases (Bailey v Bailey, Hale v Tanner, L (A child), H v Butt & Anor).
Legal Principles
Committal proceedings are essentially criminal in nature, requiring proof beyond reasonable doubt.
Bailey v Bailey [2022] EWFC 5
In family law contempt cases, imprisonment is not automatic but should be considered with regard to the specific circumstances, including the impact on the child.
Hale v Tanner [2000] EWCA Civ 5570
Checklist for considering committal for contempt in family cases (compliance with FPR, admissibility of breaches, judge's role, etc.)
L (A child) [2016] EWCA Civ 173
Outcomes
Father found in contempt of court for two admitted breaches of return orders.
Serious and continuing breaches, father's unwillingness to comply, and significant harm to child.
Sentence of 12 months imprisonment imposed, suspended for 28 days.
To secure compliance with the return order, allow time for return before sentence takes effect, and deter future breaches. Similar sentence to H v Butt but determined on its own facts.