Forced Marriage Protection Orders

If you are being pressured, threatened or coerced into a marriage you do not want, or you are worried that someone else may be at risk, you may be able to apply to the Family Court for a Forced Marriage Protection Order.

Led by Sobiah Hussain, Head of Private Family Law, our specialist family law team advises clients across England and Wales on urgent Forced Marriage Protection Order applications. We provide sensitive, confidential and practical advice designed to protect your safety, your autonomy and your right to make your own choices about marriage.

Forced marriage can involve physical threats, emotional abuse, financial control, being taken abroad or being made to feel that you have no genuine choice. It is not the same as an arranged marriage, where both people freely consent to the marriage.

If there is an immediate risk, we can act quickly to prepare the court application, evidence and supporting documents. We can ask the court to make an urgent order without the other person being told in advance.

Applying for a Forced Marriage Protection Order

A Forced Marriage Protection Order is a civil order made by the Family Court. It can include legally binding restrictions and requirements to protect a person who is being forced into marriage, has already been forced into marriage or is at risk of being taken overseas for that purpose.

The order can be tailored to the circumstances of the case. It may prevent contact, threats, intimidation or harassment; require passports or travel documents to be handed in; stop someone being taken abroad; restrict attendance at certain locations; or require family members and others involved to take specific steps to keep the protected person safe.

A successful application depends on presenting the court with clear and focused evidence. This may include messages, emails, call logs, travel plans, school or college concerns, police records, medical evidence, evidence from social services, or information from trusted friends, relatives, professionals or support organisations.

Where urgent protection is needed, the court may be asked to make an interim Forced Marriage Protection Order without notice. If that happens, the court will usually list a further hearing so that everyone affected by the order can attend before deciding whether it should continue, be varied or be discharged.

Who Can Apply for a Forced Marriage Protection Order?

An application can be made by the person who needs protection. In some cases, a relevant third party, such as a local authority, may apply. Another person may also be able to apply with the court’s permission, for example where they are concerned about a child, vulnerable adult or family member who may not be able to apply safely themselves.

Adults and children can be protected by a Forced Marriage Protection Order. The court will look carefully at the risk, the pressure being applied, the involvement of family members or others, any travel concerns and the practical steps needed to protect the person at risk.

How the Court Decides Whether to Make an Order

The court’s focus is protection. It will consider the evidence of force, threats, coercion or pressure and whether an order is necessary to safeguard the person concerned. The court can make broad and practical directions when needed, particularly where there are concerns about overseas travel, family pressure, isolation or intimidation.

In our experience, clear and practical evidence will assist the court in understanding exactly what has happened, the imminent risk and what order is required to keep that person safe. If there are concerns about overseas travel, it is vital that details such as passport information, tickets, dates of travel, the family pressure being exerted and proposed destinations are fully disclosed to the court to enable it to make a decision.

Breaching a Forced Marriage Protection Order

Breaching a Forced Marriage Protection Order is a serious matter. It can be prosecuted as a criminal offence or dealt with by the Family Court as contempt of court. If an order is breached, urgent action may be needed to involve the police, return the matter to court or seek further protective measures.

We will explain what the order means, who it applies to, how it can be enforced and what to do if you believe someone has ignored or breached its terms.

How Reeds Solicitors Can Help

Forced marriage cases are highly sensitive and often urgent. You may be worried about your safety, your family relationships, your immigration position, your education, your children or being taken abroad. Our solicitors will listen without judgment and help you understand your options in a clear and confidential way.

We can prepare and issue the application, draft your statement, gather supporting evidence, liaise with safeguarding professionals when necessary and represent you at court. We can also advise on related domestic abuse and protective order issues, as well as any connected children law proceedings.

We appreciate that no two cases are the same. Our approach is discreet, sensitive and practical, with your safety and dignity at the centre of the advice we provide.

If you need advice about applying for a Forced Marriage Protection Order, or you are worried that someone you know is at risk, contact Reeds Solicitors today by phone 0333 023 7744, or email [email protected] or send a confidential enquiry.