Re P (Appeal: Forced Marriage Protection Order: Jurisdiction)

Re P (Appeal: Forced Marriage Protection Order: Jurisdiction)

The Family Court has jurisdiction to grant a Forced Marriage Protection Order to protect a non-resident, non-British citizen applicant where the respondent is a British citizen and habitually resident in the UK. The Act is to be interpreted broadly and extraterritorially, consistent with its wording, purpose, human rights obligations, and international treaties. There is no requirement in the Act for the applicant to be present in the jurisdiction or to be a British citizen.

Parties
Applicant: P; Respondent: Q
Jurisdiction
England and Wales
Judgment Date
02 February 2023
Procedural Posture
Appeal / Judgment on Appeal and Remaking of Order
Outcome
Appeal allowed; original order set aside; FMPO granted
Legal Topics
Forced Marriage Protection Order, Jurisdiction, Domestic Abuse, Extraterritorial Application, Human Rights Act, European Convention on Human Rights
Family Law Human Rights Forced Marriage Protection Order Jurisdiction Domestic Abuse Extraterritorial Application Human Rights Act European Convention on Human Rights

Case Brief

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Parties

P

Applicant

Q

Respondent

Procedural Posture

Appeal / Judgment on Appeal and Remaking of Order

Legal Issues

  1. 1 Whether the Family Court has jurisdiction to grant a Forced Marriage Protection Order (FMPO) to protect a non-resident, non-British citizen applicant against a British citizen respondent habitually resident in the UK
  2. 2 Interpretation of the Forced Marriage (Civil Protection) Act 2007 and its extraterritorial reach
  3. 3 Compatibility of the Act with human rights and international obligations

Ratio Decidendi

The Family Court has jurisdiction to grant a Forced Marriage Protection Order to protect a non-resident, non-British citizen applicant where the respondent is a British citizen and habitually resident in the UK. The Act is to be interpreted broadly and extraterritorially, consistent with its wording, purpose, human rights obligations, and international treaties. There is no requirement in the Act for the applicant to be present in the jurisdiction or to be a British citizen.

Court Disposition

Appeal allowed; original order set aside; FMPO granted

Orders

  • A Forced Marriage Protection Order is made to protect P from further harassment, intimidation, and contact by Q, including via social media and other means, to remain in force unless and until varied or terminated by a subsequent court order.