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England and Wales County Court (Family)
You are here: BAILII >> Databases >> England and Wales County Court (Family) >> H-R (Children) [2014] EWCC B80 (Fam) (11 April 2014)
URL: http://www.bailii.org/ew/cases/EWCC/Fam/2014/B80.html
Cite as: [2014] EWCC B80 (Fam)
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1 Bridge Street West Manchester M60 9DJ |
||
B e f o r e :
____________________
| IN THE MATTER OF THE CHILDREN ACT 1989 | ||
| AND IN THE MATTER OF: H-R (CHILDREN) | ||
| Re: H-R (Children) |
____________________
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The Respondent Mother did not attend and was not represented
Hearing dates: 1st July, 5th August, 23rd September 2013
23rd January, 21st February, 7th March, 4th April, 11th April 2014
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Crown Copyright ©
- I am concerned with two children:
- The father of both children is C, and their mother D. There have been protracted proceedings in relation to both children which date back to the father's application for contact to them as long ago as 26th April of 2011. Those proceedings were commenced in the family proceedings court, subsequently transferred to the county court and notably the children were made party to the application in December of 2011.
- By 3rd April 2013, District Judge Haigh had made an order providing for direct contact between the children and their father each Sunday from 11 am till 2 pm. That contact occurred on a couple of occasions but by 20th of May 2013 the father was already applying to enforce the order of the learned district judge.
- Thereafter there was a hearing on 1st July before District Judge Haigh which the mother did not attend. That hearing was adjourned. The mother did attend a hearing on 5th August of 2013. It was agreed that contact arrangements be altered so that contact occurred between Friday at 6 pm to Saturday at 5 pm, that is overnight staying contact.
- A final hearing was listed for November 2013. However the contact did not take place as directed and the matter came back before District Judge Haigh on 23rd September. The mother did not attend. Again at the adjourned hearing on 11th October the mother did not attend. On 22nd November, once more the mother did not attend.
- The matter was transferred to the Circuit bench and came before Mr Recorder Murray on 23rd January of 2014. Yet again the mother did not attend.
- I am satisfied that upon each of those occasions there were appropriate directions for the mother to attend, generally supported by a penal notice, and that the relevant orders were personally served upon the mother. The mother having ignored the order for direct contact, there were also repeated applications for enforcement of the order.
- The learned recorder made a fresh order for direct contact to commence on 1st February 2014 requiring there to be contact basically each Saturday between 4 pm and 7 pm, the handover to be Location A. He also then adjourned the application to be heard His Honour Judge Allweis on 21st February 2014. Appropriate penal notices were attached both to the order for contact and the requirement to attend the hearing before His Honour Judge Allweis.
- Unsurprisingly, contact did not take place in accordance with the order of the learned recorder. On 4th February 2014 the father in desperation issued an application for the mother's committal to prison and the mother was served with that application on 6th February 2014.
- When the matter came before His Honour Judge Allweis on 7th March, the mother attended. However, she departed from the court building before the matter could be heard. His Honour Judge Allweis made a 21 day suspended committal order on terms. The terms were that the mother complied with an order commencing Saturday, 15th March 2014 to take the children, unaccompanied by any other person, to Location A each Saturday at 4 pm and hand them over to C, their father, returning there at 7 pm the same day to collect them from their father. She was also required to attend the next hearing listed before HHJ Allweis on 4th April 2014. His Honour Judge Allweis gave a short judgment which has been transcribed and which I have read. That judgment was duly served upon the mother along with the relevant orders. Contact did not take place.
- Unfortunately, on 4th April 2014 His Honour Judge Allweis was not available to hear this case and the matter came before me. The mother did not attend that hearing. However, I was concerned that there was no formal evidence of the alleged breaches of the order. I adjourned the committal application until today, again requiring the mother to comply with the arrangements for contact between 4 pm and 7 pm each Saturday. The mother has not attended today.
- I have read the affidavit of service. I am satisfied that the mother has been served with the relevant order requiring her to attend today and to comply with the previous orders of the court in relation to contact. I am satisfied that the mother has failed to comply with the order of His Honour Judge Allweis of 7th March 2014, in that contact between the children and their father has not taken place at all and the mother has not attended court as directed. Those failures must be seen in the context of the mother's steadfast refusal to comply with previous orders of Recorder Murray and District Judge Haigh.
- In particular, notwithstanding the suspended committal order of His Honour Judge Allweis dated 7th March, the mother has not complied with the terms of the order for contact upon which that suspension was predicated.
- The only proper interpretation of the mother's conduct is that she has deliberately and repeatedly chosen not to comply with the orders of this court requiring her to facilitate contact between the children and their father. Despite repeated orders of the court these children have not seen their father for some 9 months. Nor has the mother attended this court as directed. She can, in the light of the order of His Honour Judge Allweis, have no doubt as to what the consequences of that failure to comply would be.
- It is always a grave step to deprive the mother of two young children of her liberty. Realistically, however, the only alternative is for this court to acquiesce in the mother's blatant disregard for the orders of this court and to accept that notwithstanding that previous judges have concluded that contact between the children and their father accords with their welfare interests, the prospect of such contact occurring must be abandoned.
- In all of those circumstances, I make an immediate order for the mother to be committed to custody at HM Prison Styal for the period of 21 days ordered by His Honour Judge Allweis.
- I reserve any applications in relation to that order to myself or His Honour Judge Allweis, if available or if not or another circuit judge sitting at the Civil Justice Centre
A, born on 1st January 2007; and
B, born on 8th August of 2005.