Emoni v Atabo [2020] EWHC 3322 (Fam)
Application by a father against a mother for a finding of contempt of court, relating to a child removed to Nigeria.
This matter concerns an application by the father ('F') against the mother ('M') for a finding that M is in contempt of court in relation to four court orders. The parties are the parents of NE, a girl, aged 11.
Firstly, Mrs Justice Lieven DBE had to decide whether to proceed in M's absence despite this being a committal application. The judge considered
Sanchez v Pawell Obaz and Jolant Obaz [2015] EWHC 235 (Fam) finding that M had been properly served all documents via email (M is in Lagos) including the notice of hearing. M had sufficient time to prepare, she was aware of the proceedings and initially engaged in them. No reason was given for her non-attendance at this hearing, nor the last. The judge thought M had simply chosen not to engage and that an adjournment would not be likely to secure her attendance. The judge accepted that there was a major disadvantage to M not being present to give oral evidence but the court did have a number of witness statements from M from when she had previously engaged.