Family Solicitors

A mother, who forced her daughter to marry a relative almost twice the age of her daughter, was found guilty of the first successful prosecution for a forced marriage in England.

The woman deceived her 17 year old daughter into traveling to Pakistan to wed a man, who was 16 years older than her.

Prior to the wedding ceremony, the child was entered into a “marriage contract” with the man and became pregnant aged 13.

The girl was then forced to have an abortion on her return to the UK, leading her GP to report their concerns to social services. The mother claimed that her daughter and the man were just “two teenagers who had sneakily had sex" after the daughter was referred to a GP.

The victim’s family tricked her into traveling to Pakistan under the ruse of going on a family holiday. The victim was then forced into signing the marriage papers in September 2016. The victim cried out as she was led to the meet her future husband, telling the court "I didn't want to get married to him”.

The mother ignored her daughter’s protests and threatened to burn her passport and then began to assault her.

Prosecutor Deborah Gould states, the girl "has been let down badly by her mother, whose love and attention she craves".

The mother was found guilty at Birmingham Crown Court of Forced Marriage and deceiving the victim to go abroad to enter in a forced marriage. This was the first successful Forced Marriage prosecution in England.

She was also convicted of perjury, after she lied about the incident in the High Court.

Since 2014, it is now a criminal offence to force someone into marriage against their will.

Under this offence it is illegal to force a person to marry if they face physical pressure to marry (such as threats, physical violence or sexual violence) or emotional and psychological pressure (such as being made to feel like you’re bringing shame on your family).

There are around 300 calls a month to Karma Nirvana, an organisation set up to support victims of honour related violence and forced marriage.
However, Superintendent Sally Holmes from West Midlands Police has stated that even though these groups aim to support victims, "... a lot of victims will not want to report these matters to police" because of pressure of facing backlash from their families or their communities.

Forida Hakim, Director in the Family and Child Care Department states:

"This should serve as a reminder that under age marriages and forced marriages is not just unlawful but a level of abuse that will be recognised by the law. Just because you have parental responsibility does not permit you to make decisions which is tantamount to an abuse of that child’s right. This should serve as a deterrent to those abusing their children."

Forida Hakim is a Director in the Family and Child Care Department based in our Dalston office. She is well equipped to represent vulnerable parents and children who are subject to removal. She also represents parents and children on issues such as non-accidental injuries, sexual abuse, domestic abuse, mental health difficulties, chronic drug and alcohol abuse, disabilities and learning difficulties exist. She regularly represents parties in relation to injunctions and Forced Marriage Act Orders.

For expert advice on family law matters, contact Forida on 020 7923 8440 or email her at foridah@duncanlewis.com.

Duncan Lewis Family Solicitors

Duncan Lewis’ Family & Childcare departments are adept in all aspects of family and private/public children law matters. Ranked by the independent legal directory, Legal 500 2017, as a recommended legal practice, they have specialist experience in representing victims of domestic abuse and dealing in complex financial matrimonial matters (ancillary relief) relating to the breakdown of a marriage/relationship.

With a broad practice representing parents, family members and children in all children public law proceedings, Duncan Lewis’ Family & Childcare solicitors are also experienced in high profile international child abduction cases; with an extensive practice in inherent jurisdiction/forum disputes, international relocation cases and wardship proceedings for the return of children.

Duncan Lewis is one of a small selection of firms that are on the Lord Chancellor’s International Child Abduction & Contact Panel (ICACU), which is responsible for administering Hague Convention (Child Abduction) proceedings work in England. Duncan Lewis has an established Islamic & Sharia Law team which specialises in Islamic Divorce, Islamic Financial Settlement & Mahr Claims under English Law.

For expert legal advice on family law and child care matters, call Duncan Lewis family solicitors on 0333 772 0409.