KBH & Ors (Forced Marriage Protection Order : Persons To Be Protected Permanently Resident Abroad)

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

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Parties

KBH

Applicant

BBH

Applicant

MBH

Applicant

Procedural Posture

Family / Judgment on Application for Forced Marriage Protection Order

  1. 1 Whether the court has jurisdiction to make forced marriage protection orders for British citizens permanently resident abroad without their instructions
  2. 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.