LA v M & Ors
[2024] EWHC 1336 (Fam)
Sheffield City Council v M & Ors.
7 June 2023
[2023] EWHC 1399 (Fam)
High Court
Two kids were at risk of being forced into marriage by their dad, so a court ordered that they be protected until they are adults. The court made sure the dad's rights were respected, but the kids' safety came first.
Key Facts
- •Sheffield City Council (SCC) applied for Forced Marriage Protection Orders (FMPOs) and passport retention orders for two children, A (17) and B (15), to protect them from potential forced marriage.
- •The mother (M) did not participate in the proceedings, and her whereabouts were unknown.
- •The father (F) participated but opposed the passport retention orders.
- •Important evidence was withheld from the parents due to concerns about protecting sources and ensuring the children's safety.
- •A Special Advocate (SA) represented the father's interests in closed hearings.
- •The court heard evidence from police officers, social workers, and the father.
- •The father's evidence was deemed unreliable and inconsistent.
- •The court found the children were at risk of forced marriage if taken to Bangladesh by their father.
Legal Principles
Power to make FMPOs is under Part 4A of the Family Law Act 1996.
Family Law Act 1996, Part 4A
Court must consider all circumstances, including the need to secure the health, safety, and well-being of the protected person.
Family Law Act 1996, Section 63A(2)
In FMPO cases, the court must strive for a reasonable accommodation between competing Article 3 and Article 8 rights.
Re K (Force Marriage: Passport Order) [2020] EWCA Civ 190
Proportionality assessment is necessary when protective measures limit the freedom of the protected person.
Re K (Force Marriage: Passport Order) [2020] EWCA Civ 190
The burden of proof is on the applicant (SCC), and the standard of proof is the balance of probabilities.
Court must carefully consider the possibility of a witness lying and the reasons behind it.
R v Lucas [1981] QB 720
Guidance on how to assess the impact of deliberate lies in witness testimony.
A, B, and C (Children) [2021] EWCA 451
Outcomes
FMPOs and passport retention orders were continued until the children reach the age of 21.
The court found that the children remained at risk of forced marriage, particularly if taken to Bangladesh by their father. The orders were deemed necessary to protect their safety and well-being, balancing Article 3, 6, and 8 rights.