Fahad Abdi v Manchester City Council & Ors
[2023] EWCA Civ 1214
Omay Ali Elhag Elkndo v Elnoaman Gassam Elsyed (Committal: Sentence)
29 August 2024
[2024] EWHC 2230 (Fam)
High Court
A father repeatedly ignored court orders to bring his children back from a dangerous country. The judge, after considering all the facts, sent him to prison for 15 months. The father can get out of prison early if he brings the children back.
Key Facts
- •Defendant repeatedly breached court orders regarding the return of children to England from Sudan.
- •Defendant failed to attend court hearings and misled the court.
- •Children are in a war-torn area and are considered missing.
- •Defendant was found in contempt of court on multiple grounds.
- •Defendant was not present at the hearing.
Legal Principles
Objectives in contempt of court proceedings are to mark disapproval of disobedience and secure future compliance.
Hale v Tanner [2000] 2 FLR 879
Disposal must be proportionate to the seriousness of the contempt.
Implicit in the judgment
Court has wide powers of sanction, including imprisonment up to two years or unlimited fines (Contempt of Court Act 1981, section 14(1); FPR 2010, rules 37.4 and 37.9(1)).
FPR 2010, Contempt of Court Act 1981
Imprisonment is a measure of last resort, only appropriate where conduct is so serious that no other penalty is appropriate.
Implicit in the judgment
Outcomes
Defendant sentenced to 15 months' imprisonment.
Repeated breaches of court orders, deliberate non-compliance, misleading the court.
Sentence to be served with one-half in custody.
Standard procedure for such sentences.
Defendant can apply to purge contempt by returning children to England.
To secure release from custody.
Release of children's photographs to media authorized.
To raise awareness and aid in their return.