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England and Wales Family Court Decisions (other Judges)
You are here: BAILII >> Databases >> England and Wales Family Court Decisions (other Judges) >> Parkinson v Daley [2016] EWFC B78 (19 October 2016)
URL: http://www.bailii.org/ew/cases/EWFC/OJ/2016/B78.html
Cite as: [2016] EWFC B78
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SITTING AT BIRMINGHAM
33 Bull Street Birmingham B4 6DS |
||
B e f o r e :
____________________
| MRS MARCIA JACQUELINE PARKINSON | Applicant | |
| -v- | ||
| MR VINCENT VICKERS DALEY | Respondent |
____________________
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The Respondent did not attend and was not represented
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Crown Copyright ©
- On this application today, the applicant, Marcia Jacqueline Parkinson, applies for the committal to prison of her former spouse, Vincent Vickers Daley.
- On 19th May of this year, Deputy District Judge Boynton, while sitting at this court, made an order upon the first appointment of Mrs Parkinson's application for financial remedies following divorce. That order provided that the respondent husband should file and serve a completed Form E by 4pm on 8th July and that order was endorsed with a penal notice in the usual terms. Mr Daley failed to comply with that order.
- The adjourned first appointment happened on 3rd August 2016 and, yet again, Mr Daley failed to attend that hearing as he had failed to attend the May hearing. Thus it was that those representing Mrs Parkinson drew up a notice to show cause why Mr Daley should not be committed to prison.
- That notice was endorsed by the court on 28th September, setting out that the breach alleged against Mr Daley was his failure to comply with the order of 19th May and file and serve his completed Form E. The notice to show cause was ordered by District Judge Musgrave to be listed today and on 10th October the statement of Stephen Marlow, a process server, confirms that, on that day, he served Mr Daley with the order listing the matter today, together with the notice to show cause and other documents, including the original order setting out the requirement to file a Form E.
- So I am satisfied to the criminal standard by the evidence which I have read that Mr Daley is in contempt of court by failing to obey the order of 19th May for him to file a Form E. In the circumstances that I find the contempt proved, I move to consider the issue of disposal.
- Unfortunately, Mr Daley, yet again, has failed to attend court and thereby demonstrated his contempt for the procedure of the court and I am unable, in the circumstances, to take into account any mitigation which he might have advanced had he attended. But I do wish still to give him a last opportunity to comply with the court order and enable the substantive application to proceed to disposal.
- The powers of a circuit judge are set out in the Family Court (Contempt of Court) (Powers) Regulations 2014 and indicate that the powers of the court are a maximum of two years' imprisonment or up to a level 5 fine.
- My determination in the circumstances is that Mr Daley be committed to prison for his contempt of court for a period of three months' imprisonment but that that order will be suspended for 14 days following personal service of this order upon him if, during that time, Mr Daley complies with the order of 19th May. Should he do so, the sentence of imprisonment will not be brought into effect but if he fails to do so, then the applicant will have to apply to me for the issue of the warrant.
HIS HONOUR JUDGE ROWLAND: