SA (Declaration of Non-Recognition of Marriage), Re
[2023] EWCA Civ 1003
Re P (Appeal: Forced Marriage Protection Order: Jurisdiction)
2 February 2023
[2023] EWHC 195 (Fam)
High Court
A woman was forced into marriage and abused by her cousin in the UK. Even though she now lives in the US, a judge ruled that a UK court can still protect her from her cousin's harassment because he's British. The judge made an order to stop him from contacting her.
Key Facts
- •P, a US citizen, was forced into marriage with her cousin Q, a British citizen residing in the UK.
- •The marriage involved coercion, threats, and rape.
- •Q repeatedly harassed P after the marriage despite her desire for a divorce.
- •P sought a Forced Marriage Protection Order (FMPO) in the UK but the District Judge dismissed it due to lack of jurisdiction.
- •P appealed the decision.
- •P resides in the US and Q did not participate in the appeal proceedings.
Legal Principles
Jurisdiction to grant a FMPO under the Family Law Act 1996 (FLA 1996), as amended by the Forced Marriage (Civil Protection) Act 2007, is not limited to UK citizens or residents.
Family Law Act 1996, sections 63A-63S; Re K (Forced Marriage: Passport Orders) [2020] EWCA Civ 190; Chief Constable and another v YK and others [2010] EWHC 2438 (Fam)
The court must consider all the circumstances, including the need to secure the health, safety, and well-being of the person to be protected, when deciding whether to grant a FMPO.
Family Law Act 1996, section 63A(2)
The Act has extraterritorial application, allowing for orders concerning conduct outside England and Wales and involving non-UK nationals.
Family Law Act 1996, section 63B(2); Chief Constable and another v YK and others [2010] EWHC 2438 (Fam)
The criminal offence of forced marriage under the Anti-Social Behaviour, Crime and Policing Act 2014 has extraterritorial effect if at least one party is a UK national or habitually resident in the UK.
Anti-Social Behaviour, Crime and Policing Act 2014, section 121(7)
Outcomes
The appeal was allowed.
The Judge erred in concluding she lacked jurisdiction. The FLA 1996, as amended, allows for FMPOs even if the applicant is not a UK citizen or resident, provided the respondent is a UK citizen or habitually resident and their actions warrant protection.
A FMPO was granted to protect P from Q's harassment.
Q's continued harassment of P despite her wishes, coupled with the history of forced marriage and rape, demonstrated a clear need for protection.