Committal of mother

Nicholls v Nicholls [2008] EWCA Civ 121; NLJ 4 April p 473

The mother was an alcoholic. There were four children aged between two and 13 years old who lived with the father in the former matrimonial home. Because of the mother’s behaviour, the father obtained an ex parte interim non-molestation order forbidding the mother from attending the home and from intimidating, harassing or pestering the father or the children. Immediately after the order was served on the mother she went to the home and banged on the door, swearing and intimidating the children. When she had failed to appear in relation to the breach, she was sentenced to three weeks’ imprisonment. Upon her release, she breached the order four more times. On the day of the hearing for the breach, the mother was in such a state of intoxication the hearing was adjourned. A subsequent hearing was also adjourned because the mother was on trial for robbery. The mother’s appeal against three 12-month sentences of imprisonment to run concurrently was dismissed. The father was suffering and the children were being harmed and the court was right to show its disapproval of the disobedience to its order.