A v SM & Anor [2012] EWHC 435 (Fam) (25 January 2012)

A v SM & Anor [2012] EWHC 435 (Fam) (25 January 2012)

The court found, on the balance of probabilities, that the applicant and B were truthful and had been subjected to or at risk of forced marriage by their parents. The evidence established that B was forced into marriage and the applicant was at risk, justifying the continuation and extension of forced marriage protection orders and further protective measures for the younger siblings.

Citation
[2012] EWHC 435 (Fam)
Parties
Applicant: A; Subject Child/applicant's Sibling: B; Subject Child/applicant's Sibling: C; Subject Child/applicant's Sibling: D; Subject Child/applicant's Sibling: E; Subject Child/applicant's Sibling: F; Subject Child/applicant's Sibling: G; First Respondent: SM (Father); Second Respondent: HB (Mother); Third Respondent (discharged): Grandmother
Jurisdiction
England and Wales
Judgment Date
25 January 2012
Procedural Posture
Application for Forced Marriage Protection Order / Final Hearing and Judgment
Outcome
Application granted. Forced marriage protection orders renewed and extended. Further protective and procedural orders made.
Legal Topics
Forced Marriage, Wardship, Protection Orders, Children at Risk, Domestic Violence
Family Law Child Protection Human Rights Forced Marriage Wardship Protection Orders Children at Risk Domestic Violence

Case Brief

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Parties

A

Applicant

B

Subject Child/applicant's Sibling

C

Subject Child/applicant's Sibling

D

Subject Child/applicant's Sibling

E

Subject Child/applicant's Sibling

F

Subject Child/applicant's Sibling

G

Subject Child/applicant's Sibling

SM (Father)

First Respondent

HB (Mother)

Second Respondent

Grandmother

Third Respondent (discharged)

Procedural Posture

Application for Forced Marriage Protection Order / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the respondents intended or attempted to force the applicant (A) into marriage
  2. 2 Whether B was forced into marriage without free and full consent
  3. 3 Whether the younger siblings are at risk of forced marriage

Ratio Decidendi

The court found, on the balance of probabilities, that the applicant and B were truthful and had been subjected to or at risk of forced marriage by their parents. The evidence established that B was forced into marriage and the applicant was at risk, justifying the continuation and extension of forced marriage protection orders and further protective measures for the younger siblings.

Court Disposition

Application granted. Forced marriage protection orders renewed and extended. Further protective and procedural orders made.

Orders

  • Renewal of forced marriage protection orders for A and all siblings, to remain in force without limit of time.
  • Five younger children to remain wards of court until further order.