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Immediate 9 month sentence for non-disclosure

Date:16 NOV 2015
Mostyn J has imposed an immediate 9-month custodial sentence thought to be the longest immediate custody ever imposed for non-disclosure in the family courts on a husband who has systematically failed to comply with orders of the English court.

In Sarah Kimura Al-Baker  v Abdul Amir Al-Baker  [2015] EWHC 3229 (Fam) the wife ('W') issued proceedings on 6 January 2015 following a 45-year marriage secured on the parties' joint domicile. The husband ('H') subsequently produced a Talaq divorce said to have been effected in the UAE. W applied for and was granted permission to bring an application under Part III of the Matrimonial and Family Proceedings Act 1984.

As a result of these proceedings a number of disclosure orders were made against H. The first by Roberts J on 19 August and then identically on 2 September by DJ Aitken H who sought to challenge the jurisdiction of the English court refused to engage with any of the orders and had provided none of the ordered disclosure. He had also remained outside of the jurisdiction since proceedings began described in court...

Read the full article here.