Source: All England Reporter
Publisher Citation: [2002] All ER (D) 433 (Jul)
Court: Court of Appeal, Civil Division

Thorpe, Clarke LJJ and Ferris J

Representation Joanne Oxlade for the mother.
  Edmund Eldergill for the father.
Judgment Dates: 29 July 2002


Contempt of court - Committal - Breach of court order - Mother of child in breach of court order to return child to jurisdiction - Mother committed to prison for breach - Whether sentence manifestly excessive.

The Case

On the facts of the instant case, the mother had deliberately attempted to frustrate contact arrangements between her son and his father and had removed the child from the court's reach and from his relationship with his father contrary to clear orders of the court backed with penal notices. In those circumstances, the sentence of ten month's imprisonment for her breach of court orders which had been imposed had plainly been within the judge's broad discretion and had not been manifestly excessive.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.