P, Re (Appeal: Forced Marriage Protection Order: Jurisdiction) [2023] EWHC 195 (Fam) (02 February 2023)

P, Re (Appeal: Forced Marriage Protection Order: Jurisdiction) [2023] EWHC 195 (Fam) (02 February 2023)

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 drafted in broad and flexible terms, does not impose a threshold of presence or citizenship, and is intended to have extraterritorial effect. This interpretation is consistent with the statutory language, case law, and the UK's human rights and international obligations.

Citation
[2023] EWHC 195 (Fam)
Parties
Applicant: P; Respondent: Q
Jurisdiction
England and Wales
Judgment Date
02 February 2023
Procedural Posture
Appeal (family Law Forced Marriage Protection Order) / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Forced Marriage Protection Orders, Jurisdiction, Domestic Abuse, Extraterritorial Application, Human Rights Act, European Convention on Human Rights
Family Law Human Rights Forced Marriage Protection Orders 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 (family Law Forced Marriage Protection Order) / Judgment on Appeal

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 where the respondent is a British citizen and habitually resident in the UK.
  2. 2 Whether the FMPO regime under the Family Law Act 1996 is extraterritorial in scope.

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 drafted in broad and flexible terms, does not impose a threshold of presence or citizenship, and is intended to have extraterritorial effect. This interpretation is consistent with the statutory language, case law, and the UK's human rights and international obligations.

Court Disposition

Appeal allowed

Orders

  • The decision of the District Judge is set aside.
  • A Forced Marriage Protection Order is granted to protect P from harassment, intimidation, threats, pestering, or contact by Q, whether directly, indirectly, or via social media or third parties, save via legal advisors.