City Of Edinburgh Council Against M.s. Against Re A.s.
| Jurisdiction | Scotland |
| Judge | Sheriff Wendy Sheehan |
| Court | Sheriff Court |
| Date | 13 March 2015 |
| Docket Number | B1183/13 |
| Published date | 13 March 2015 |
B1183/13
2015SCEDIN20
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
JUDGMENT
of
SHERIFF WENDY A SHEEHAN
in the cause
THE CITY OF EDINBURGH COUNCIL
against
MS
FIRST RESPONDENT
NS
SECOND RESPONDENT
re
AS
PROTECTED PERSON
____________
EDINBURGH, 3 March 2015
The sheriff having resumed consideration of the cause;
Finds in Fact
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[1]The applicants are a relevant third party and are entitled to bring this application in relation to AS (the protected person) .
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[2]AS (the protected person) is 15 years of age and resides with the respondents who are her parents.
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[3]The respondents have five children:
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[4]AS (the protected person) is a mature and articulate child.She is bilingual, speaking both English and Urdu fluently.Her wishes and feelings in relation to this application are readily ascertainable.She is opposed to the granting of the order sought.She considers the order to be unwelcome and intrusive.
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[5]No plans have been made for the marriage of the protected person.No putative spouse has been identified for her.Neither the respondents nor any other members of the protected person’s family have discussed her marriage.
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[6]AS attends a secondary school within the court’s jurisdiction.She attends regularly and punctually.She is a dedicated and conscientious student.She participates in sport including gymnastics, badminton, volleyball and rugby.She participates in extra-curricular activities and socialises with her peer group.She is able to spend leisure time with her friends.She does not consider herself to be controlled by the respondents.She practices Islam but does not consider herself to be particularly observant.She wears a mixture of traditional and western clothing.There are no concerns in relation to her health and wellbeing.
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[7]The respondents were married in 1984.Both of them had been married previously.The first respondent entered into an arranged marriage and was divorced by the Sharia Council in London in 1983.The second respondent entered into an arranged marriage with a member of her extended family.She had not met her spouse prior to the wedding.She consented to the marriage.She separated from her husband within a matter of months and was divorced by the Sharia Council in London in 1984.The respondents’ marriage was a “love marriage” entered into in the face of opposition from the first respondent’s family.
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[8]There is a culture of arranged marriages to members of the extended family within the first respondent’s family.
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[9]The first respondent has two sisters and two half-brothers.His half-brother MA has three children, a son IA and two daughters SA and RA.The first respondent’s half-brother MK married SK and has eight children including a son KK and daughters SK and MK.
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[10]In May 2006 the first respondent’s half-brother MA contacted him to propose the marriage of his son IA to the respondents’ eldest daughter FS.FS was aged twenty-one at that time.The respondents discussed the marriage proposal with FS.She refused to marry IA.The proposal was put to her a second time in late May 2006.She refused to marry IA a second time.
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[11]The first respondent faced pressure from his family to arrange this marriage.He was unhappy with his daughter’s refusal to marry her cousin IA.He took some time to accept her decision.The second respondent was supportive of her daughter’s decision.There were arguments between the respondents in respect of this issue.There was conflict within the S family in relation to this marriage proposal for a period of some months in 2006.
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[12]FS was apprehensive that she may be pressurised to marry with her cousin.Her apprehension was fuelled by discussions with her cousin SK.
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[13]FS left the family home and relocated to the Birmingham area on 24 January 2007.FS contacted the police on 24 January 2007 and 1 February 2007.She made false police statements on both occasions.
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[14]No attempt was made by either of the respondents to force FS into marriage.
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[15]FS became engaged to KhS in November 2007.Her parents did not influence her choice of husband.They were supportive of her decision and arranged an engagement party for her at their home in November 2007.They arranged her wedding at her request.FS married KhS in Pakistan on 28 March 2008.
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[16]The respondents’ son OS married his cousin SA (daughter of the first respondent’s half-brother MA) in Pakistan in April 2008.The marriage took place with the consent of both OS and SA.No parental pressure was brought to bear on either spouse regarding the marriage.
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[17]KS married her second cousin BA in Pakistan on 27 March 2008.Her wedding took place alongside that of her sister FS.KS freely consented to marry BA.KS decided to marry BA in November 2007. She was involved in making plans for her wedding between November 2007 and 27 March 2008.KS was not forced into marriage with BA by the respondents.
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[18]KS acquired a diagnosis of a learning disability at the age of eight years.She has an IQ of 74.As a child she had generalised learning difficulties and required a significant level of learning support.She receives benefits in recognition of a level of incapacity.She has a medical history of stress-related health difficulties and attention seeking behaviour.
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[19]KS has a troubled relationship with her parents.
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[20]KS speaks Urdu fluently.
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[21]KS gave birth to a daughter DB on 10 March 2010.In January 2013 KS told her mother and a family friend, Margaret Armstrong that her daughter DB had been killed in a road accident.This was untrue.
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[22]ADS married AQ (his first cousin) on 9 March 2013 in London.AQ is the granddaughter of MK the respondent’s half-brother.The K family were opposed to this marriage and had planned for AQ to marry a member of their extended family.The first respondent’s half-brother MA was also opposed to this marriage as he wished ADS to marry his daughter RA.Both of the respondents’ half-brothers behaved in a threatening and abusive manner towards the respondents, ADS and AQ.The second respondent and AQ both made police reports in relation to threats made.AQ also reported a concern that her cousins F and J may be forced to marry.
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[23]The respondents were supportive of ADS and AQ’s decision to marry.They were resistant to family pressure.They sought appropriate police assistance.ADS, AQ and their child reside with the respondents.
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[24]The first respondent’s half-brothers have proposed marriages for their children.The first respondent’s half-brothers have behaved in a threatening and abusive manner when certain marriages proposed by them have not proceeded.Three members of the K family and their son-in-law SQ were convicted of kidnap in respect of honour based violence towards NK within the context of attempting to force her to remain in an arranged marriage.
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[25]The respondents have been resistant to pressure from the first respondent’s family in relation to the marriages of their children FS and ADS and have been supportive of their children’s decisions in relation to their marriages.
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[26]The second respondent has behaved in an over-protective and controlling manner in relation to her daughter KS.She regards KS as having both learning difficulties and mental health problems.She sought a Guardianship Order in order to secure control in relation to KS’s welfare and her financial affairs.She struggles to accept the assessment of KS’s general practitioner that she is an independent adult capable of making decisions about her welfare and financial affairs.She does not accept the assessment of social workers and health visitors that KS is able to care appropriately for her daughter DB.The second respondent provided misleading and false information to professionals in order to achieve her objective of obtaining a Guardianship Order regarding KS.
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[27]KS left the family home in February 2012.She was involved in a relationship with AA at that time.AA has a criminal record.He drank alcohol to excess and assaulted KS on at least one occasion.The respondents were advised by members of the Pakistani community that AA was rumoured to supply drugs.In 2012 AA received a custodial sentence in respect of offences of fraud and assaulting KS.
- [28]The respondents and KS’s brothers were concerned for her welfare and that of their granddaughter DB after she left the family home.They were concerned about her relationship with AA.They wished her to return to the family home.They endeavoured to persuade her to do so.On 9 April 2012 an incident took place at KS’s home in consequence of which the first respondent and OS received convictions for assaulting both KS and her partner AA.OS and ADS were also convicted of committing a breach of the peace.As a result of KS’s police statement the second respondent, OS and ADS were prosecuted on petition in respect of honour based violence towards KS.They were remanded in custody between 9 April 2012 and 10 July 2012.The offences were accepted by the Crown to have been committed within the context of concern for KS in the context of her relationship with AA.The said offences were not deemed to be honour based, neither were they committed within a context of an attempt to force KS to remain in her marriage to BA.
- FS (born 23 May 1985).She married KhS on 27 March 2008 in Pakistan when aged 22.
- OS (born 2 November 1988).He married SA (his first cousin) in April 2008 in Pakistan when aged 19.
- KS (born 5 April 1991).She married BA (her second cousin) on 27 March 2008 in Pakistan when aged 16.
- ADS (born 2 November 1988).He married AQ (his first cousin) on 9 March 2013 in London when aged 20.
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AS (born 31 January 2000) (the protected person).
FINDS IN FACT AND LAW
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The protected person has not been forced into a marriage nor has any attempt to force her into a marriage been made.
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The protected person does not wish a Forced Marriage Protection Order to be granted.
- A...
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