LA v M & Ors [2024] EWHC 1336 (Fam) (01 May 2024)

LA v M & Ors [2024] EWHC 1336 (Fam) (01 May 2024)

The parents are not credible witnesses and have lied to the Court. There is a high risk of forced marriage for the younger children, and the Father's presence in Afghanistan increases this risk. Continuing the Passport Order against the Father is justified and proportionate to protect the children, and FMPOs should be made for all children including X until their respective 18th birthdays.

Citation
[2024] EWHC 1336 (Fam)
Parties
Applicant: LA; First Respondent: M; Second Respondent: F; Third Respondent: X; Fourth Respondent: Y; Fifth Respondent: Z
Jurisdiction
England and Wales
Judgment Date
01 May 2024
Procedural Posture
Family Law Forced Marriage Protection Order / Final Judgment
Outcome
FMPOs granted for all children including X; Passport Order against Father continued until Z turns 18; committal proceedings withdrawn as against Mother; orders discharged for C.
Legal Topics
Forced Marriage Protection Orders, Passport Orders, Child Protection, Article 8 ECHR, Proportionality, Credibility of Witnesses
Family Law Human Rights Forced Marriage Protection Orders Passport Orders Child Protection Article 8 ECHR Proportionality Credibility of Witnesses

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Parties

LA

Applicant

M

First Respondent

F

Second Respondent

X

Third Respondent

Y

Fourth Respondent

Z

Fifth Respondent

Procedural Posture

Family Law Forced Marriage Protection Order / Final Judgment

Legal Issues

  1. 1 Whether FMPOs should be made in respect of all children, including X
  2. 2 Whether the Passport Order against the Father should be discharged or continued

Ratio Decidendi

The parents are not credible witnesses and have lied to the Court. There is a high risk of forced marriage for the younger children, and the Father's presence in Afghanistan increases this risk. Continuing the Passport Order against the Father is justified and proportionate to protect the children, and FMPOs should be made for all children including X until their respective 18th birthdays.

Court Disposition

FMPOs granted for all children including X; Passport Order against Father continued until Z turns 18; committal proceedings withdrawn as against Mother; orders discharged for C.

Orders

  • FMPOs to remain in respect of X, Y, Z until their 18th birthdays
  • Passport Order against Father to continue until Z turns 18 (approx. 3.5 years)