Forced marriage protection orders: Assisting non-british nationals who are not present in the UK

Gaffney-Rhys, Ruth

Abstract

In Re P (Appeal: Forced Marriage Protection Order: Jurisdiction) [2023] EWHC 195 (Fam), the High Court Family Division granted permission to appeal the dismissal of an application for a Forced Marriage Protection Order (FMPO) because the appellant (a victim of forced marriage) was not a British citizen, not habitually resident, nor physically present in the UK. This article discusses the judgment, its impact and considers other remedies that may be available. The paper concludes that the case is significant because it: extends the reach of FMPOs to non-British citizens who are neither habitually resident nor physically present in the UK; sheds light on the meaning of ‘involvement’ in a forced marriage for the purpose of granting an FMPO and illustrates the ongoing abuse experienced by victims of forced marriage, both physically and psychologically.

• Journal Article Type: Article
• Acceptance Date: Jun 1, 2023
• Online Publication Date: Jul 31, 2023
• Publication Date: Jul 31, 2023
• Deposit Date: Aug 23, 2023
• Publicly Available Date: Sep 1, 2023
• Journal: Family Law
• Print ISSN: 0014-7281
• Peer Reviewed: Not Peer Reviewed
• Volume: 53
• Pages: 825-830
• Public URL: https://uwe-repository.worktribe.com/output/11053458
• Publisher URL: https://www.familylaw.co.uk/news_and_comment/forced-marriage-protection-orders-assisting-non-british-victims-who-are-not-present-in-the-uk