KBH & Ors (Forced Marriage Protection Order : Persons To Be Protected Permanently Resident Abroad)
The court declined to make any order because the proceedings were not properly constituted; the application was made without instructions from the persons to be protected, and the proper applicant should be Her Majesty’s Government if protection is sought for British citizens abroad.
- Parties
- Applicant: KBH; Applicant: BBH; Applicant: MBH
- Jurisdiction
- England and Wales
- Judgment Date
- 28 September 2018
- Procedural Posture
- Family / Judgment on Application for Forced Marriage Protection Order
- Outcome
- Application dismissed; no orders made.
- Legal Topics
- Forced Marriage Protection, Jurisdiction Based on Nationality, Wardship
Case Brief
Summary, issues, holding and outcome
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Parties
KBH
Applicant
BBH
Applicant
MBH
Applicant
Procedural Posture
Family / Judgment on Application for Forced Marriage Protection Order
Legal Issues
- 1 Whether the court has jurisdiction to make forced marriage protection orders for British citizens permanently resident abroad without their instructions
- 2 Whether the applicants are properly constituted in the absence of instructions from the persons to be protected
Ratio Decidendi
The court declined to make any order because the proceedings were not properly constituted; the application was made without instructions from the persons to be protected, and the proper applicant should be Her Majesty’s Government if protection is sought for British citizens abroad.
Court Disposition
Application dismissed; no orders made.
Orders
- No extension or renewal of existing forced marriage protection orders.
- No wardship orders made.
Full Case Text
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