LA v M & Ors
[2024] EWHC 1336 (Fam)
B, Re
25 October 2024
[2024] EWFC 332 (B)
Family Court
A family court case involved a father worried his daughter might be forced into marriage like he was pressured to be years ago. The judge agreed there's a risk, given the family's history and the mother's actions. The judge ordered protection for the daughter until she's 18.
Key Facts
- •Child B is the daughter of F and M, both from the Pakistani community and first cousins.
- •Parents separated in 2021, and live together with B, exacerbating conflict.
- •F applied for a Child Arrangements Order/shared care, alleging M's alienation of B.
- •F raised concerns about M isolating B from British culture and potentially betrothing her to a cousin.
- •F's concerns stem from his own experience of a forced marriage.
- •M denies F's allegations, alleging B is at risk of abuse from F.
- •A Forced Marriage Protection Order (FMPO) was previously made for B.
- •A s37 report from the Local Authority was commissioned but not updated or challenged.
- •The hearing was a fact-finding hearing addressing various allegations of forced marriage and coercive control.
Legal Principles
Standard of proof in family proceedings is the balance of probabilities.
Re B [2008] UKHL 35
Burden of proof rests on the party making the allegations.
Re B [2008] UKHL 35
Findings of fact must be based on evidence, not speculation.
Re A (Fact Finding: Disputed findings) [2011] 1 FLR 1817
Evidence must be considered holistically, not in separate compartments.
Re T [2004] 2 FLR 838
FMPOs are made under s.63A Family Law Act 1996 to protect from forced marriage.
Family Law Act 1996, s.63A
Four-stage approach to considering FMPOs: establishing facts, determining need for protection, assessing risks, balancing Article 3 and 8 rights.
Re K (Forced Marriage: Passport Order) (2020) EWCA Civ 190
Distinction between arranged and forced marriages; coercion is key.
Multi-agency statutory guidance and practice guidelines
'Force' includes coercion by threats or other psychological means.
Family Law Act 1996, sec 63A(6)
Domestic abuse includes controlling, coercive, or threatening behaviour, violence, or abuse.
Practice Direction 12J
Outcomes
Forced Marriage Protection Order (FMPO) made until B turns 18.
Real and immediate risk of forced marriage due to family culture, discussions about betrothal, and M's actions.
Application for an expert in forced marriages dismissed.
Not necessary given the findings.
M's application to travel with B to Pakistan dismissed.
Inconsistent with the risk assessment and FMPO.
Applications for occupation and non-molestation orders dismissed.
Insufficient evidence.
F's application for a child arrangements order and shared care arrangement to be considered further.
Requires further analysis from the guardian and statements from the parents.