EBK v DLO
| Court | Family Division |
| Judge | Mr Justice Poole |
| Neutral Citation | [2024] EWHC 984 (Fam) |
| Date | 26 April 2024 |
| Year | 2024 |
| Counsel | Dan Foster |
Neutral Citation Number: [2024] EWHC 984 (Fam)
Case No: FD24F00107
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
SITTING AT LEEDS
Date: 26 April 2024
Before:
MR JUSTICE POOLE
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EBK v DLO (Permission for Further Contempt Application)
Between:
EBK Claimant
- and -
DLO Defendant
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The Claimant in person
Dan Foster (instructed by Watson Ramsbottom Solicitors) for the Defendant
Hearing date: 17 April 2024
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Approved Judgment
This judgment was handed down remotely at 10.30am on 26 April 2024 by circulation to the
parties or their representatives by e-mail and by release to the National Archives.
.............................
This judgment was delivered in public but a reporting restrictions order is in force. The
judge has given leave for this version of the judgment to be published on condition that
(irrespective of what is contained in the judgment) in any published version of the judgment
the anonymity of the child and the parties must be strictly preserved. All persons, including
representatives of the media and legal bloggers, must ensure that this condition is strictly
complied with. Failure to do so may be a contempt of court.
Approved Judgment
EBK v DLO (Permission for Further Contempt Application)
Mr Justice Poole:
1. The Claimant, EBK, seeks the committal to prison of the Defendant, DLO, for
contempt of court. This is his second such application. This application is dated 25
January 2024 but has been amended following directions by Sir Jonathan Cohen when
he listed the hearing of permission to make the application for contempt before me for
two hours on 17 April 2024. This judgment follows that hearing which was held in
open court. EBK was unrepresented. DLO appeared at court and was represented by
Mr Foster who confirmed at the outset of the hearing that the Defendant had been
properly served with the application and associated documentation. EBK had
prepared a helpful bundle for the hearing which included a lengthy Affidavit with
appendices. For the reasons given in this judgment I refuse permission to EBK to
bring these committal proceedings.
Background
2. EBK and DLO are parents of a child, N, now nearly seven years old. DLO also has
two older children who are under 18 and who live with her. The parties separated in
or around November 2017 after which there were protracted proceedings in the
Family Court concerning child arrangements orders (“CAO proceedings”). In the
course of the proceedings, DLO made allegations including of domestic abuse against
EBK. Certain findings were made which do not need to be aired in this judgment.
Those proceedings, then under case number HD20P00013, were concluded by District
Judge Uppal on 9 March 2022 in the Family Court in Huddersfield when he made a
child arrangements order by which N would live with her mother and her father but
orders to last until March 2026 against both parties, preventing further applications in
respect of N without permission.
3. On 11 August 2020, whilst these CAO proceedings were ongoing, DLO wrote a letter
to a Member of Parliament in which she repeated allegations of domestic abuse
against EBK. She also referred to there having been proceedings in the Family Court
and she told the MP that within those proceedings a non-molestation order had been
made, that EBK had been ordered to undertake a Domestic Abuse Perpetrators
Programme (“DAPP”), that following interventions by EBK the judge had then
“dismissed CAFCASS without replacement and has since been making decisions
entirely on his own”, that EBK had made various claims about his employment (with
the military) which she claimed were untrue, and that the Family Court had not had
contact with the Ministry of Defence. The Claimant was a serviceman and the MOD
was his employer. The Defendant ended the letter:
“It has taken a great deal of strength to write this letter, and ask
for your help. I would be grateful of your assistance in
escalating this to the police, the military (as he is bringing them
into disrepute) and the Family Court, and finally get the much
needed protection and justice we desperately need.”
4. I have evidence to show that the MP forwarded this letter to West Yorkshire Police
but I have not seen any response by the MP to DLO. At this stage I have no evidence
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