Family Law Hub

Reilly v Shamrez [2019] EWHC 3112 (Fam)

The mother applied to commit the father for contempt of court. They had met, married and lived in England. In 2018 they had travelled to Saudi Arabia, where the father had said they would thereafter remain. During a trip to Pakistan for a wedding, the mother had made arrangements to return to England, but had been prevented from bringing one of their two children. She commenced proceedings here on the basis that the child remained habitually resident in England and Wales, and the father was ordered to bring her back. He did not. Holman J was satisfied that the father had been fully engaged in the proceedings, and that he was fully aware of the precise terms of the order. He was now deliberately in contempt of court. However, the mother's wish was to have her daughter returned, not for the father to be imprisoned, and Holman J adjourned the question of sanction and sentence to a date not less than six weeks after the hearing, with no sentence to be served if the father did return the child.

Judgment, published: 30/11/2019

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Published: 30/11/2019

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