A father has been sentenced to six months imprisonment after being found in contempt for breaching multiple court orders instructing the return of his daughter to England and Wales.
Mrs Justice Lieven said the six-month sentence was the ‘only way to get the father to appreciate the seriousness of the matter, and to comply’.
The mother, referred to as AA in the judgment, made an application for committal against the father, XX, for breaches of court orders which concerned their 11-year-old daughter, identified as B, who is currently in Iran. In January 2023, when she had travelled with her mother to Iran on holiday, B was abducted by her paternal uncle who threatened the mother with a gun and removed B.
The mother lodged an application for wardship and for the return of B to England. A return order was first made in October 2024. Contact orders were also made.
In AA (Mother) v XX (Father), the judge said the father had breached the court’s orders with contact and returning the child.
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Finding that a custodial sentence was required, she said it was ‘the only hope of compliance and of securing B’s return’ and would ‘show the court’s displeasure about what have been complete and deliberate breaches of court orders both in securing B’s return and taking the required steps to secure return and provide for indirect contact’.
She added: ‘These have been deliberate and persistent breaches that have created a cruel situation of no contact between the mother and child. The father has failed to provide for any interim contact.
‘I note that this, as equivalent to criminal proceedings, is a first offence and I am hopeful that a period of six months imprisonment – which is likely to in practice involve a significantly shorter time - will give the father enough time to realise that he has no choice but to comply and take steps to secure B’s return.’
