England and Wales Case Law

A (Children)

The judge failed to conduct an all-round assessment of the relevant factors regarding the children's ability to instruct solicitors, placing undue weight on findings of parental influence and not considering the advantages of separate representation or the absence of negative welfare consequences. The children are of sufficient understanding and should be separately represented to ensure their voices are fully and independently presented in proceedings of significant consequence to them.

Source excerpt

• Separate representation of children
• Forced marriage protection orders
• Passport orders
• Undue influence
• Children's rights

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A Local Authority v The Mother & Ors (Age Assessment)

A Local Authority v The Mother & Ors (Age Assessment) [2025] EWFC 416 (18 September 2025)

The court determined a disputed age issue, finding on the balance of probabilities that G was 16, born on Date 2, on the basis of authenticated documents.

• Age assessment
• Jurisdiction under children act 1989
• Authenticity of identity documents
• Burden and standard of proof
• Care orders
• Forced marriage protection orders

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LA v M & Ors

Given the proven risk of forced marriage, past parental dishonesty, and lack of protective factors, the extension of FMPOs and Passport Orders until the young people’s 21st birthdays is necessary and proportionate to protect them from harm, outweighing the intrusion into Article 8 rights.

Source excerpt

• Forced marriage protection orders
• Passport orders
• Article 3 echr
• Article 8 echr
• Autonomy of young adults
• Arranged vs forced marriage

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LA v M & Ors

LA v M & Ors [2025] EWHC 630 (Fam) (18 February 2025)

The High Court extended forced marriage protection orders and parental passport orders until the younger people reach 21, finding ongoing high risk and serious parental dishonesty.

• Forced marriage protection orders
• Passport orders
• Article 3 echr
• Article 8 echr
• Autonomy of young adults
• Proportionality assessment

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The Chief Constable of West Yorkshire Police v FP & Anor

The police acted reasonably and in accordance with their public safeguarding duties at all stages of the FMPO proceedings, including after PP sought discharge of the order. There was no unreasonable or reprehensible conduct by the police. Therefore, no costs order is justified against the police.

Source excerpt

• Forced marriage protection orders
• Costs in family proceedings
• Public body litigation
• Safeguarding adults

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B, Re

B, Re [2024] EWFC 332 (B) (25 October 2024)

The court found a real and immediate risk that the child may be forced into marriage and made a Forced Marriage Protection Order until age 18.

• Forced marriage protection orders
• Child arrangements
• Coercive and controlling behaviour
• Cultural practices and consent
• Parental responsibility
• Emotional harm to child

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A Local Authority v A Mother & Anor (Alleged Honour Based Abuse), Re

Family Court care proceedings concerning alleged honour-based abuse, forced marriage risk, and coercive family control. Care orders were made and long-term foster care ordered.

• Care orders
• Forced marriage protection orders
• Honour based abuse
• Parental responsibility
• Welfare of the child
• Cultural practices and child welfare

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Sheffield City Council v M & Ors.

The evidence, including closed material scrutinised by a Special Advocate, establishes that A and B remain at real and immediate risk of forced marriage if allowed to travel to Bangladesh with their father. F has lied about the reasons for travel and the intended duration, and the risk persists. Continued FMPOs and passport retention until age 21 are necessary and proportionate to protect A and B, with arrangements for temporary passport release subject to risk assessment. The use of a Special Advocate was justified and effective in ensuring fair process while protecting sources.

Source excerpt

• Forced marriage protection orders
• Passport retention
• Closed evidence
• Special advocate procedure
• Article 3 echr
• Article 6 echr

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MAS v ZK & Ors

MAS v ZK & Ors [2024] EWHC 1939 (Fam) (19 July 2024)

The court gave cross-border forced marriage guidance, holding existing Presidential and statutory guidance is sufficient and no new protocol is needed.

• Forced marriage protection orders
• Wardship
• Repatriation of children
• Jurisdictional cooperation
• Role of public authorities
• Multi-agency safeguarding

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The Chief Constable of West Yorkshire Police v FP & Anor

The Chief Constable of West Yorkshire Police v FP & Anor [2024] EWFC 130 (07 May 2024)

The Family Court refused a father's costs application after FMPO proceedings, holding the police acted reasonably in pursuing safeguarding concerns.

• Forced marriage protection orders
• Costs in family proceedings
• Public authority litigation
• Safeguarding adults
• Forced-marriage-protection-orders
• Family-proceedings-costs

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