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Central Family Court Enforces Hadkinson Order Against Non-Compliant Ex-Husband: WJB v. HJM [2024] EWFC 116


In the case of WJB v. HJM ([2024] EWFC 116), the Central Family Court issued a Hadkinson order against the respondent, HJM, for repeated non-compliance with court orders related to financial maintenance. The court found that HJM, who resides in the United States, had deliberately disregarded previous orders, including attending hearings and making required payments to his ex-wife, WJB. The court ruled that HJM could not pursue his application to vary the original financial order until he cleared the arrears and outstanding costs, totaling over £75,000. This judgment underscores the court's commitment to enforcing compliance with financial orders in family law cases, even when one party is overseas.


Case Overview:

  • Court: Central Family Court, London

  • Judgment Date: February 15, 2024

  • Judge: District Judge Ashworth

  • Case No: BE14D00257

  • Parties: WJB (Applicant) v. HJM (Respondent)


Legal Issues:

  1. Non-Compliance with Court Orders: The respondent, HJM, consistently failed to comply with maintenance payment orders and court directions, including non-attendance at hearings.

  2. Hadkinson Order: The court considered whether to issue a Hadkinson order, which would prevent HJM from taking further legal steps until he complied with existing court orders.

  3. Enforcement of Financial Remedies: The case involved the enforcement of a financial remedies order made in 2017, requiring HJM to pay periodical maintenance to WJB.


Court’s Analysis:

  • The court reviewed the conditions necessary for issuing a Hadkinson order, referencing key legal precedents, including de Gafforj v de Gafforj [2018] and Tattersall v Tattersall [2018].

  • It was determined that HJM's ongoing non-compliance constituted a deliberate and continuing contempt of court, impeding the course of justice.

  • The court found that WJB's financial situation had become dire due to HJM's failure to pay, creating an impediment to justice as she struggled to afford legal representation.


Judgment Summary:

The court ruled in favor of the applicant, WJB, issuing a Hadkinson order against HJM. This order bars HJM from pursuing his application to vary the original financial order until he pays £61,901.62 in arrears and £13,687.20 in costs, plus an additional £10,932.60 for the current hearing's costs. The court emphasized that the order was proportionate and necessary given HJM’s repeated and willful disregard for court orders.


Costs:

The court ordered HJM to pay the full costs of the hearing, amounting to £10,932.60, due within 14 days. These costs were added to the total amount HJM must pay to lift the Hadkinson order.


This ruling highlights the severe consequences of non-compliance in family law cases and reinforces the court's authority to enforce financial orders through stringent measures when necessary.

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