K, Re
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE MAURICE KAY
- LORD JUSTICE KITCHIN
Areas of Law
- Civil Procedure
- Family Law
- Criminal Law and Procedure
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The case involved a father’s appeal against orders in wardship proceedings regarding his son, M, who was in Singapore with paternal grandparents. The court ruled on the child’s habitual residence, found the father in contempt for not complying with return orders, and addressed whether the judge should have recused herself due to apparent bias. The appeals court dismissed the habitual residence appeal, overturned the contempt finding, and called for the recusal of Russell J from further committal proceedings due to concerns of perceived bias. The concurring opinions highlighted the challenges in coercive versus committal judicial actions in international child cases.
Judgment
Lord Justice Kitchin:
Introduction
These are appeals by a father against orders made by Russell J in wardship proceedings concerning M, a young boy who was born on 5 July 2012 and is currently in Singapore where he is being cared for by his paternal grandparents.
The first appeal, for which the father needs permission, is against an order of 14 March 2014 by which the judge declared that M is habitually resident in this jurisdiction, required the father to return or cause the return of M to this jurisdiction by 18 March 2014 and directed that until M had been returned the father’s passport should remain with the Tipstaff. The judge ordered the father to pay to the mother her costs which she summarily assessed in the sum of £51,800.28.
The second appeal, for which the father also needs permission, is against an order of 21 March 2014 by which the judge required the father to return or cause the return of M to this jurisdiction by 28 March 2014. The order contained the following recital:
“E. AND UPON the court repeating to [the father] that if the paternal grandparents refuse to return the child to this jurisdiction then the court expects the Respondent Father to make applications to the Singaporean court to ensure [M] is returned to this jurisdiction pursuant to this Court’s Order.”
The third appeal is against an order of 3 April 2014 by which the judge refused an application that she should recuse herself from the proceedings and sentenced the father to an immediate term of imprisonment for a total period of eighteen months for his breaches of the orders of 14 March and 21 March 2014 and another order which she had made on 19 March 2014, in each case for failing to return or cause the return of M to this jurisdiction. More specifically, the judge imposed a term of imprisonment of six months for the father’s breach of the order of 14 March 2014, a term of imprisonment of twelve months for his breach of the order of 19 March 2014 to be served consecutively to the term of six months for his breach of the order of 14 March 2014, and a term of imprisonment of twelve months for breach of the order of 21 March 2014 to be served concurrently with the other two terms.
We heard full argument on all three appeals on 4 June 2014 and I would therefore grant the father permission to appeal against the orders of 14 and 21 March 2014. At the conclusion of the hearing we formed the clear view that we must allow the appeal against the order committing t