LA v M & Ors

LA v M & Ors

The parents are not credible witnesses and have lied to the Court. There is a high risk of forced marriage for the younger children if the Father is allowed to travel to Afghanistan. The Passport Order against the Father is justified and proportionate to protect the children and will remain in place until Z is 18. FMPOs are made in respect of all the children, including X, until their 18th birthdays.

Parties
Applicant: LA; First Respondent: M; Second Respondent: F; Third Respondent: X; Fourth and Fifth Respondents: Y and Z (through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 April 2024
Procedural Posture
Family / Judgment After Contested Application for Forced Marriage Protection Orders and Passport Orders
Outcome
FMPOs made in respect of all children including X; Passport Order against the Father to continue until Z is 18; application to discharge Passport Order refused.
Legal Topics
Forced Marriage Protection Orders, Passport Orders, Wardship, Parental Responsibility, Article 8 ECHR, Proportionality, Credibility of Witnesses
Family Law Child Protection Human Rights Forced Marriage Protection Orders Passport Orders Wardship Parental Responsibility Article 8 ECHR +2 more

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Parties

LA

Applicant

M

First Respondent

F

Second Respondent

X

Third Respondent

Y and Z (through their Children’s Guardian)

Fourth and Fifth Respondents

Procedural Posture

Family / Judgment After Contested Application for Forced Marriage Protection Orders and Passport Orders

Legal Issues

  1. 1 Whether Forced Marriage Protection Orders (FMPOs) should be made in respect of the children
  2. 2 Whether the Passport Order against the Father should be continued or discharged
  3. 3 Assessment of risk of forced marriage to the children

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 if the Father is allowed to travel to Afghanistan. The Passport Order against the Father is justified and proportionate to protect the children and will remain in place until Z is 18. FMPOs are made in respect of all the children, including X, until their 18th birthdays.

Court Disposition

FMPOs made in respect of all children including X; Passport Order against the Father to continue until Z is 18; application to discharge Passport Order refused.

Orders

  • FMPOs to continue in respect of C, X, Y, and Z until each reaches 18 years of age.
  • Passport Order against the Father to remain in force until Z turns 18 (approximately 3.5 years).