A Mother v A Father & Anor

A Mother v A Father & Anor

The court found A to be a credible witness and accepted her evidence of sustained abuse and risk of FGM to C. Given the high prevalence of FGM in the family's country of origin, A's own experience, and B's intention to take C abroad, the court determined there was a significant risk to C, justifying the making of a Female Genital Mutilation Protection Order and continuation of the Family Law injunction.

Parties
Applicant: A Mother (A); First Respondent: A Father (B); Second Respondent: A Child (C) (via The Guardian)
Jurisdiction
England and Wales
Judgment Date
23 March 2023
Procedural Posture
Family Law Female Genital Mutilation Protection Order and Family Law Injunction / Judgment After Full Hearing
Outcome
Application for Female Genital Mutilation Protection Order granted; Family Law Act order continued for two years; directions for further proceedings given.
Legal Topics
Female Genital Mutilation Protection Order, Non Molestation Order, Prohibited Steps Order, Coercive and Controlling Behaviour, Child Welfare
Family Law Child Protection Domestic Violence Female Genital Mutilation Protection Order Non Molestation Order Prohibited Steps Order Coercive and Controlling Behaviour Child Welfare

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Parties

A Mother (A)

Applicant

A Father (B)

First Respondent

A Child (C) (via The Guardian)

Second Respondent

Procedural Posture

Family Law Female Genital Mutilation Protection Order and Family Law Injunction / Judgment After Full Hearing

Legal Issues

  1. 1 Whether a Female Genital Mutilation Protection Order is necessary for C
  2. 2 Whether to continue the Family Law injunction
  3. 3 Assessment of risk to C of FGM

Ratio Decidendi

The court found A to be a credible witness and accepted her evidence of sustained abuse and risk of FGM to C. Given the high prevalence of FGM in the family's country of origin, A's own experience, and B's intention to take C abroad, the court determined there was a significant risk to C, justifying the making of a Female Genital Mutilation Protection Order and continuation of the Family Law injunction.

Court Disposition

Application for Female Genital Mutilation Protection Order granted; Family Law Act order continued for two years; directions for further proceedings given.

Orders

  • Female Genital Mutilation Protection Order made until C's 18th birthday, including a Prohibited Steps Order preventing B from removing C from England and Wales or A's care except as ordered by the court.
  • Family Law Act order continued for two years.