Flora Abdul Sater v Samer Abdul Sater
[2023] EWHC 3509 (Fam)
Re Sabah Jabar Abdulah (Committal for Contempt of Court)
2 May 2023
[2023] EWHC 1158 (Fam)
High Court
A dad broke court orders about his kids being taken to Iraq. He got an 18-month jail sentence, but it's suspended. He's also banned from leaving the country because the judge isn't sure he'll help get the kids back.
Key Facts
- •Sabah Jabar Abdulah (the respondent) knowingly breached court orders by applying for an Iraqi passport (breaching paragraphs 6 and 12 of orders dated 19 January 2023 and 15 July 2022 respectively), failing to notify Tipstaff of the children's whereabouts (breaching paragraphs 6, 8, and 10 of the same orders), and having contact with the children (breaching paragraph 3 of the 15 July 2022 order).
- •The breaches relate to the mother's abduction of the children to Iraq, in violation of court orders.
- •The respondent admitted the breaches.
- •The court found the breaches to be flagrant and deliberate.
Legal Principles
The court views the abduction of children and their continued unlawful retention very seriously.
Judge's statement
Breach of court orders can result in imprisonment.
Judge's sentencing decision
The court has inherent jurisdiction to make orders forbidding someone from leaving the jurisdiction.
Judge's order
Outcomes
The respondent was sentenced to 18 months imprisonment, suspended for 2 years.
The seriousness of the breaches, despite the respondent's admission and offer to assist in the children's return. The judge expressed doubts about the respondent's sincerity.
An order was made forbidding the respondent from leaving the jurisdiction for the duration of the proceedings.
To ensure the respondent's availability for further proceedings.
A port alert was issued.
To detect and arrest the respondent if they attempt to leave the country.