K (Forced Marriage Protection Orders; Abuse of process) 2021] EWFC B94 (15 October 2021)

K (Forced Marriage Protection Orders; Abuse of process) 2021] EWFC B94 (15 October 2021)

The court found that AK's applications were entirely without merit, her allegations were false, and her conduct amounted to an abuse of the court process. The evidence did not support any risk of forced marriage or harm to the children from their mother. The applications were motivated by a desire to control and coerce BK and her daughters, not to protect them. The daughters' consistent opposition to the orders and lack of supporting evidence for AK's claims were decisive.

Parties
Applicant (paternal Aunt): AK; First Respondent (mother): BK; Second Respondent (father): CK; Subject (eldest Daughter): DK; Subject (second Daughter): EK; Subject (youngest Daughter): FK; Children’s Guardian: Karen Lynch
Jurisdiction
England and Wales
Judgment Date
15 October 2021
Procedural Posture
Family Law Forced Marriage Protection and Non Molestation Orders / Final Hearing and Fact Finding
Outcome
Applications by AK dismissed; applications by BK allowed.
Legal Topics
Forced Marriage Protection Orders, Non Molestation Orders, Domestic Abuse, Coercive Control, False Allegations
Family Law Child Protection Forced Marriage Protection Orders Non Molestation Orders Domestic Abuse Coercive Control False Allegations

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Parties

AK

Applicant (paternal Aunt)

BK

First Respondent (mother)

CK

Second Respondent (father)

DK

Subject (eldest Daughter)

EK

Subject (second Daughter)

FK

Subject (youngest Daughter)

Karen Lynch

Children’s Guardian

Procedural Posture

Family Law Forced Marriage Protection and Non Molestation Orders / Final Hearing and Fact Finding

Legal Issues

  1. 1 Whether the aunt's applications for Forced Marriage Protection Orders and Non-Molestation Orders are justified
  2. 2 Whether the mother poses a risk of forced marriage or harm to her daughters
  3. 3 Whether the aunt's allegations are credible or malicious

Ratio Decidendi

The court found that AK's applications were entirely without merit, her allegations were false, and her conduct amounted to an abuse of the court process. The evidence did not support any risk of forced marriage or harm to the children from their mother. The applications were motivated by a desire to control and coerce BK and her daughters, not to protect them. The daughters' consistent opposition to the orders and lack of supporting evidence for AK's claims were decisive.

Court Disposition

Applications by AK dismissed; applications by BK allowed.

Orders

  • All Forced Marriage Protection Orders sought by AK are refused and discharged.
  • Non-Molestation Orders sought by AK are refused.