SK, Re [2004] EWHC 3202 (Fam) (3 February 2005)

SK, Re [2004] EWHC 3202 (Fam) (3 February 2005)

The High Court has jurisdiction under its inherent powers to make protective orders for an adult British citizen abroad who may be subject to forced marriage and deprived of capacity by duress, including orders to ascertain her wishes and prevent further harm, even in the absence of wardship jurisdiction over adults.

Citation
[2004] EWHC 3202 (Fam)
Parties
Proposed Plaintiff: SK; Proposed Defendants: SK's parents
Jurisdiction
England and Wales
Judgment Date
03 February 2005
Procedural Posture
Originating Summons (family Division, High Court) / Interlocutory Application for Protective Orders
Outcome
Protective orders granted; proceedings later discontinued at plaintiff's request after her return to the UK and confirmation of her wishes.
Legal Topics
Forced Marriage, Inherent Jurisdiction, Protective Orders, Jurisdiction Over Adults Abroad, Consular Protection
Family Law Human Rights Law Private International Law Forced Marriage Inherent Jurisdiction Protective Orders Jurisdiction Over Adults Abroad Consular Protection

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Parties

SK

Proposed Plaintiff

SK's parents

Proposed Defendants

Procedural Posture

Originating Summons (family Division, High Court) / Interlocutory Application for Protective Orders

Legal Issues

  1. 1 Whether the High Court has jurisdiction to make protective orders for an adult British citizen abroad allegedly at risk of forced marriage
  2. 2 Whether the inherent jurisdiction of the High Court can be exercised to protect an adult lacking capacity due to duress or coercion
  3. 3 What orders are appropriate to ascertain the wishes and protect the liberty of the proposed plaintiff

Ratio Decidendi

The High Court has jurisdiction under its inherent powers to make protective orders for an adult British citizen abroad who may be subject to forced marriage and deprived of capacity by duress, including orders to ascertain her wishes and prevent further harm, even in the absence of wardship jurisdiction over adults.

Court Disposition

Protective orders granted; proceedings later discontinued at plaintiff's request after her return to the UK and confirmation of her wishes.

Orders

  • SK to contact the British High Commission in Dhaka for a private interview
  • Proposed defendants to disclose SK's whereabouts