A v SM & Anor

A v SM & Anor

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 wardship for the younger children.

Parties
Applicant: A; 1st Respondent: SM; 2nd Respondent: HB
Jurisdiction
England and Wales
Judgment Date
25 January 2012
Procedural Posture
Family Law Forced Marriage Protection Order / Final Hearing and Judgment
Outcome
Application granted
Legal Topics
Forced Marriage, Wardship, Protection Orders, Children at Risk
Family Law Child Protection Forced Marriage Wardship Protection Orders Children at Risk

Case Brief

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Parties

A

Applicant

SM

1st Respondent

HB

2nd Respondent

Procedural Posture

Family Law Forced Marriage Protection Order / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the respondents intended to force the applicant into marriage or attempted to do so
  2. 2 Whether B was married without her free and full consent as a result of force by her parents

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 wardship for the younger children.

Court Disposition

Application granted

Orders

  • Renewal of forced marriage protection orders without time limit for applicant and siblings
  • Five younger children to remain wards of court until further order