A Local Authority v M & Ors.

A Local Authority v M & Ors.

The court found, on balance of probabilities, that the father engaged in a pattern of violent and abusive behaviour towards the mother and K, causing harm and fear, but was not currently in contact with the sect nor a source of risk for forced marriage or female genital mutilation. Protective orders are warranted for reassurance and safety, but risk emanates from the sect, not the father.

Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: A; 3rd Respondent: K; 4th to 6th Respondents: M, M & K (through their children’s guardian); Special Advocate: M (1st Respondent)
Jurisdiction
England and Wales
Judgment Date
11 March 2022
Procedural Posture
Family / Fact Finding Hearing
Outcome
Findings of fact made; father found to have engaged in violent and abusive behaviour; not found to be in contact with sect or to pose current risk of forced marriage/FGM; protective orders to be considered.
Legal Topics
Forced Marriage, Female Genital Mutilation, Domestic Abuse, Child Arrangements, Non Molestation Orders, Closed Material Procedure
Family Law Child Protection Human Rights Forced Marriage Female Genital Mutilation Domestic Abuse Child Arrangements Non Molestation Orders +1 more

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Parties

A Local Authority

Applicant

M

1st Respondent

A

2nd Respondent

K

3rd Respondent

M, M & K (through their children’s guardian)

4th to 6th Respondents

M (1st Respondent)

Special Advocate

Procedural Posture

Family / Fact Finding Hearing

Legal Issues

  1. 1 Risk of forced marriage and female genital mutilation to children
  2. 2 Domestic abuse and violence allegations against father
  3. 3 Father's influence and contact with religious sect

Ratio Decidendi

The court found, on balance of probabilities, that the father engaged in a pattern of violent and abusive behaviour towards the mother and K, causing harm and fear, but was not currently in contact with the sect nor a source of risk for forced marriage or female genital mutilation. Protective orders are warranted for reassurance and safety, but risk emanates from the sect, not the father.

Court Disposition

Findings of fact made; father found to have engaged in violent and abusive behaviour; not found to be in contact with sect or to pose current risk of forced marriage/FGM; protective orders to be considered.

Orders

  • Non-molestation orders to be made against father for mother and K; duration to be determined.
  • Further submissions invited on protective orders for forced marriage and FGM where specific respondents cannot be named.