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Forced Marriage (Civil Protection) Act 2007

Consolidated Text As Enacted Cited authorities 18 Cited in Amendments 22 Related
Vincent
JurisdictionUK Non-devolved
Citation2007 c. 20
Year2007
  • After Part 4 of the Family Law Act 1996 (c. 27) insert—
      (Part 4A) Forced marriageForced marriage protection orders
      (63A) Forced marriage protection orders
    • “(1) The court may make an order for the purposes of protecting—
    • (a) a person from being forced into a marriage or from any attempt to be forced into a marriage; or
    • (b) a person who has been forced into a marriage.
    • a person from being forced into a marriage or from any attempt to be forced into a marriage; ora person who has been forced into a marriage.In deciding whether to exercise its powers under this section and, if so, in what manner, the court must have regard to all the circumstances including the need to secure the health, safety and well-being of the person to be protected.In ascertaining that person's well-being, the court must, in particular, have such regard to the person's wishes and feelings (so far as they are reasonably ascertainable) as the court considers appropriate in the light of the person's age and understanding.For the purposes of this Part a person (“A”) is forced into a marriage if another person (“B”) forces A to enter into a marriage (whether with B or another person) without A's free and full consent.For the purposes of subsection (4) it does not matter whether the conduct of B which forces A to enter into a marriage is directed against A, B or another person.In this Part—
    • “force” includes coerce by threats or other psychological means (and related expressions are to be read accordingly) ; and
    • “forced marriage protection order” means an order under this section.
    such prohibitions, restrictions or requirements; andsuch other terms;conduct outside England and Wales as well as (or instead of) conduct within England and Wales;respondents who are, or may become, involved in other respects as well as (or instead of) respondents who force or attempt to force, or may force or attempt to force, a person to enter into a marriage;other persons who are, or may become, involved in other respects as well as respondents of any kind.aiding, abetting, counselling, procuring, encouraging or assisting another person to force, or to attempt to force, a person to enter into a marriage; orconspiring to force, or to attempt to force, a person to enter into a marriage.on an application being made to it; orwithout an application being made to it but in the circumstances mentioned in subsection (6) .the person who is to be protected by the order; ora relevant third party.An application may be made by any other person with the leave of the court.the applicant's connection with the person to be protected;the applicant's knowledge of the circumstances of the person to be protected; andthe wishes and feelings of the person to be protected so far as they are reasonably ascertainable and so far as the court considers it appropriate, in the light of the person's age and understanding, to have regard to them.An application under this section may be made in other family proceedings or without any other family proceedings being instituted.any other family proceedings are before the court (“the current proceedings”) ;the court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the current proceedings) ; anda person who would be a respondent to any such proceedings for a forced marriage protection order is a party to the current proceedings.In this section—
    • “family proceedings” has the same meaning as in Part 4 (see section 63(1) and (2) ) but also includes—
      • (a) proceedings under the inherent jurisdiction of the High Court in relation to adults;
      • (b) proceedings in which the court has made an emergency protection order under section 44 of the Children Act 1989 (c. 41) which includes an exclusion requirement (as defined in section 44A(3) of that Act) ; and
      • (c) proceedings in which the court has made an order under section 50 of the Act of 1989 (recovery of abducted children etc.) ; and
    • “relevant third party” means a person specified, or falling within a description of persons specified, by order of the Lord Chancellor.
    An order of the Lord Chancellor under subsection (7) may, in particular, specify the Secretary of State.The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.any risk of significant harm to the person to be protected or another person if the order is not made immediately;whether it is likely that an applicant will be deterred or prevented from pursuing an application if an order is not made immediately; andthe respondent is aware of the proceedings but is deliberately evading service; andthe delay involved in effecting substituted service will cause serious prejudice to the person to be protected or (if a different person) an applicant.The court must give the respondent an opportunity to make representations about any order made by virtue of subsection (1) .as soon as just and convenient; andat a hearing of which notice has been given to all the parties in accordance with rules of court.The court may, subject to subsection (3) , accept an undertaking from the respondent to proceedings for a forced marriage protection order if it has power to make such an order.No power of arrest may be attached to an undertaking given under subsection (1) .The court may not accept an undertaking under subsection (1) instead of making an order if a power of arrest would otherwise have been attached to the order.An undertaking given to the court under subsection (1) is enforceable as if the court had made the order in terms corresponding to those of the undertaking.This section is without prejudice to the powers of the court apart from this section.A forced marriage protection order may be made for a specified period or until varied or discharged.any party to the proceedings for the order;the person being protected by the order (if not a party to the proceedings for the order) ; orany person affected by the order.In addition, the court may vary or discharge a forced marriage protection order made by virtue of section 63C(1) (b) even though no application under subsection (1) above has been made to the

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