CA-2025-001272 - [2025] EWCA Civ 1048

This is an appeal by the appellant PK (‘the father’) against a decision of Henke J (‘the judge’) sitting in the Family Court at Oxford in committal proceedings on 6 May 2025. The father appeals against the decision of the judge not to impose any sanction on AB (‘the mother’) despite her having been found repeatedly to have been in breach of orders made by the court in private law Children Act 1989 proceedings in respect of their child, A. The basis of the court’s decision to make no order in respect of the father’s application for committal is recorded as followed:

“Upon the Court declining to make an order of imprisonment or a suspended sentence, finding that it would have no effect on the mother’s attitude or secure future compliance.”

The parties were informed at the conclusion of the hearing that the appeal would be allowed and that the matter would be remitted for reconsideration of sentence before a High Court judge. The following are my reasons for allowing the appeal.