Child Care Videos

Date when Video was Published: 18/10/2023

A Forced Marriage Protection Order is a type of injunction that can be applied for in the Family Court and can stop someone from being forced into a marriage or help someone who has already been forced into a marriage. Forced marriage is breaching one’s human rights, without the valid consent of either party. In forced marriages an element of duress is always present. This can include physical force, being pressurised emotionally, threatened or being a victim of psychological abuse. Forced marriage is not the same as an arranged marriage. With an arranged marriage, both parties consent to the marriage. The order can be applied for by, the person who is to be protected by the order, a relevant third party such as the Local Authority where a child is involved and any other person with permission of the court. A Forced Marriage Protection Order can relate to the conduct of a person, who is in or outside of England and Wales. To apply for a Forced Marriage Protection Order an individual has to complete an application form and draft a statement in support of their application. The documents then have to be filed with the court and once issued, served upon the Respondents. The initial hearing can take place on notice (with the respondents present) or without notice (without the respondents present) if circumstances require. The Court can make interim Orders if outstanding disclosure is required and upon conclusion of the proceedings make Final Orders. Directions that can be ordered can include, but are not limited to prevent a Forced Marriage from occurring, to hand over passports, to stop intimidation and violence, to reveal the whereabouts of a person or to stop someone from being taken abroad. The breach of an order is a criminal offence with a maximum penalty of five years imprisonment. If the police decide not to prosecute, an application can be made to the family court for committal proceedings. Where a person is in breach and contempt of court via the family courts, they can send them to prison for two years. Duncan Lewis Solicitors can assist with lodging any application for breach of an order before the Family Court if required. Legal aid is available for Forced Marriage Protection Orders as an Applicant, Respondent or Protected Party. Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409

Disclaimer

This video content was created on 18/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.