Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

CONTEMPT: In the Matter of an Application by Her Majesty’s Solicitor General for the Committal to Prison of Jennifer Marie Jones for Alleged Contempt of Court [2013] EWHC 2579 (Fam)

Sep 29, 2018, 21:12 PM
Slug : contempt-in-the-matter-of-an-application-by-her-majestys-solicitor-general-for-the-committal-to-prison-of-jennifer-marie-jones-for-alleged-contempt-of-court-2013-ewhc-2579-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 27, 2013, 09:37 AM
Article ID : 103399

(Family Division, Sir J Munby P, 21 August 2013)

The Welsh mother married the Spanish father while working in Spain. The had five children and following the parents' separation disputes arose over where the children would live, necessitating two applications under the Hague Convention. The mother failed to comply with a return order resulting in location and collection orders when the mother disappeared with the children. The names and photos of the family were released to the media resulting in their whereabouts being discovered.

Following the children being located the court ordered that the mother deliver up the children on a specified day at 4pm at the railway station which she failed to do. The Solicitor General now issued an application for committal based on the mother's contempt. The decision to intervene was understandable given the clear public interest in the proper enforcement of the Hague Convention. The mother's breaches had been flagrant and repeated.

The breach occurred at 4pm and was not a continuing breach beyond that deadline. The order did not spell out what the consequences would be if the mother did not deliver the children and there was not question of any further breach as alleged by the Solicitor General.

The mother's account was that the two older children ran away from her home while they were getting ready to leave for the railway station on the specified day. They were later located by police and the mother collected them resulting in them not meeting the 4pm deadline. On the evidence the mother was prevented from delivering the children due to the actions of the two older children and then being at the police station and settling matters. The Solicitor General had failed to prove that it was in the mother's power to leave the police station in time to make the 4pm deadline.

The application was dismissed. 

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from