Forced Marriage Protection Orders - Practical Guidance for Family Lawyers

Introduction

This virtual classroom seminar will provide practitioners with an understanding and knowledge of how to approach a forced marriage protection order and the different perspectives of the issues that you need to be aware of on behalf of different parties. It will consider the purpose of the Civil Protection Act and whether it has been used successfully and in what kind of cases it has offered protection to victims.

Due to the high sensitivity of many of the cases, it is critical to present the evidence in a careful and considered manner to ensure the safety of the victim. What evidence should be disclosed or withheld and how can this be done and who can bring an application? In many cases, the identity of the informant and information itself may be kept confidential. The jurisdiction for the Act is wide and specific to each case. In Re P (Appeal: Forced Marriage Protection Order: Jurisdiction) the jurisdiction for making a forced marriage protection order was clarified.

The approach to forced marriage protection orders and passport orders was set out by the President in Court of Appeal in Re K. The legal principles will be examined with specific case studies as to how this works in practice. In the recent case of Sheffield Council v M, Mr Justice Poole considered the use of a special advocate in these cases. Will that be common in more cases and when is it justified?

What You Will Learn

This live and interactive course will cover the following:

• Who can make an application for a FMPO
• How you must approach and investigate allegations of forced marriage without compromising the safety of the victim
• An outline of the legislation governing FMPOs
• What are the criteria and what provisions can be included in an FMPO?
• When should an application be made without notice?
• Whether to apply for a passport order and/or an application for wardship alongside the FMPO
• How to best present the evidence in support of an FMPO
• When should the application be issued in the High Court as opposed to the Family Court and which Family Court
• Which agencies are available to assist in cases where the victim has been taken abroad
• What remedies are available where the victim has been taken abroad or is missing
• Acting for respondents and when is it advisable to contest the allegations
• The use of special advocates in closed proceedings - when will this be appropriate and how does it work in practice?
• Conclusions - care proceedings; wardship; nullity

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.