FD24P00214 - [2025] EWHC 2165 (Fam)

This is an application for committal made by the mother, AA, against the father, XX, for multiple breaches of court orders. The orders concern a child, B, who is a girl aged 11 currently in Iran. The mother was represented before me by Ms Kirby KC and Mr Basi. The father was not legally represented.

Before I go further, I should explain the situation in relation to the father’s attendance today. He was ordered to attend court with a penal notice attached to the order by Mr Nicholas Allen KC sitting as Deputy High Court Judge on 4^th July 2025. The father did attend at court this morning at the Royal Courts of Justice but refused to come into court unless his conditions were met. He came in for few short periods and left. I explained to the father, when he was in court, that he was not just at serious risk of being sent to prison, but that if he were sent to prison it could impact on his immigration status, and I could order the judgment to be forwarded to the Home Secretary.

The father, during the time that he was in court, consistently raised his voice, sought to dictate the terms on which he would remain in court and made clear he would not come into court unless I asked the security officers to leave. In light of his previous conduct in many of the previous hearings, his aggression to court staff and counsel and disrespect to court, I ordered security to attend today.

I note the recitals in Mr Allen KC’s order of 4^th July 2025 where he said at paragraph 16 of the order:

“The mother’s solicitors shall, not later than 7 days before the hearing liaise with the Clerk of the Rules and HMCTS to ensure that security measures are available in the court room on the day of the hearing such that counsel for the mother are satisfied that they can safely and properly represent their client. In the event that such security measures cannot be provided in the court room, arrangements will be made for counsel for the mother to attend the hearing from a different room in the court complex but to attend the court room in which the hearing is taking place by video link.”

Ms Kirby and Mr Basi attended in court all day but the father refused to come in. I made it clear to the father on his brief appearances that my duty is to protect staff and counsel who are in court and it is not for him to place conditions on his attendance. The father continued to refuse to come into court. I make entirely clear that there are genuine concerns for security of staff and counsel. I would not be fulfilling my duty to these people, but particularly Ms Kirby and Mr Basi who would have been sitting close to the father, if I did not have security present. I record that, for most of the hearing, the father was not present but sat outside the court door. I made four attempts during the hearing to persuade him to return to court, through the good offices of the interpreter.

I will deal next with the preliminary issue of interpretation and language. The father is an Iranian Kurd. It is clear to me at this hearing, as it has been clear to judges at previous hearings, that the father speaks quite good English and has had no difficulty understanding me in the brief periods when he did come into court. The father’s language of origin is Kurdish Sorani and there has been an interpreter in that language present to interpret throughout. The father had expressed preferences in the past for an Iranian Kurdish Sorani speaker. I understand that is a matter of preference and that the father perhaps prefers Iranians to Iraqis. It has been made clear by the interpreter in court today that the father fully understood the language she is speaking. I note that all the documents in the case have been translated into Farsi which is the father’s written language.

For these reasons I have no doubt that the father has had a full opportunity to participate and all appropriate interpretation and translation services have been provided.