Order: Forced Marriage
In the Family Court
No:
or
In the High Court of Justice, Family Division
Sitting at [Place]
The Forced Marriage (Civil Protection) Act 2007
The Family Law Act 1996
The Senior Courts Act 1981
The Person/People to be Protected
AA (an adult born on dd/mm/yyyy)
BB (a boy/girl born on dd/mm/yyyy)
CC (a boy/girl born on dd/mm/yyyy)
After hearing [name the advocate(s) who appeared]
After consideration of the documents lodged by the applicant
After reading the statements and hearing the witnesses specified in paragraph [specify] of the
recitals below
ORDER MADE BY [NAME OF JUDGE] ON [DATE] SITTING IN OPEN
COURT/PRIVATE
PENAL NOTICE:
IMPORTANT NOTICE to [INSERT RESPONDENT’S NAME]
YOU MUST OBEY THE TERMS OF THIS ORDER, AND PARTICULARLY
PARAGRAPH [specify] HEREIN. IF YOU DO NOT, YOU MAY BE FINED, SENT
TO PRISON OR HAVE YOUR ASSETS SEIZED.
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You have the following legal rights:
(a) to seek legal advice. This right does not entitle you to disobey any part of this order
until you have sought legal advice;
(b) if you do not speak or understand English adequately, to have an interpreter present in
court at public expense in order to assist you at the hearing of any application relating
to this order
The parties
1. The applicant is XX (represented by [INSERT SOLICITORS FIRM].
The respondent is [YY- REPRESENTED BY....]
Specify any additional respondents
Specify if any adult party acts by a litigation friend
Specify if the children or any of them act by a children’s guardian
2. Unless otherwise stated, a reference in this order to ‘the respondent’ means all of the
respondents.
Recitals
3. The Judge read the following documents:
a. [INSERT DETAILS . Note: these details should be included as an exception
to the house rules]
4. The Judge heard the following oral evidence
a. [INSERT DETAILS]
5. [A power of arrest has been attached to paragraphs [specify] of this order. On the
basis of the evidence currently before the court, the court considered that the
respondent(s), or each of them, may have used or threatened violence against the
person being protected or otherwise in connection with the matters being dealt with
by the order, and that there would not be sufficient protection without the attachment
of a power of arrest. The court will consider whether or not the power of arrest should
continue at the hearing listed pursuant to paragraph [specify] of this order]
6. [IN THE EVENT THAT ANY EVIDENCE AND/OR SUBMISSIONS ARE TO BE
WITHHELD FROM THE RESPONDENT(S)] The court considered that the criteria
within Rule 11.7(2) of the Family Procedure Rules 2010 are met in this case, and as
such has directed that certain evidence and/or submissions placed before the court for
the purposes of this hearing may be withheld from the respondent(s) herein until
further order. [Accordingly the respondent(s) were not present in court for the part of
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the hearing at which this evidence and/or submission was considered]. The continued
need for this direction will be considered at each further hearing of this matter.
IT IS ORDERED THAT:
7. The respondent(s), or each of them, are prohibited from:
a. Forcing, attempting to force or otherwise instructing or encouraging any other
person to force the person to be protected [INSERT NAME] to undergo any
ceremony (or purported ceremony) of marriage, civil partnership, betrothal or
engagement;
b. Instructing or otherwise encouraging the person to be protected [INSERT
NAME] to undergo any ceremony (or purported ceremony) of marriage, civil
partnership, betrothal or engagement;
c. [IF APPROPRIATE] Facilitating, allowing or otherwise permitting the person
to be protected [INSERT NAME] to undergo any ceremony (or purported
ceremony) of marriage, civil partnership, betrothal or engagement;
d. [IF APPROPRIATE] Using or threatening violence against the person to be
protected [INSERT NAME] or otherwise instructing or encouraging any other
person to do so;
e. [IF APPROPRIATE] Intimidating, harassing or pestering the person to be
protected [INSERT NAME] or otherwise instructing or encouraging any other
person to do so;
f. Removing, seeking to remove or instructing or encouraging any other person
to remove the person to be protected [INSERT NAME] from the jurisdiction
of England and Wales.
g. Leaving the jurisdiction of England and Wales.
8. The injunctions as made at paragraph [specify] (above) shall continue until [INSERT
DATE] unless previously varied or otherwise discharged by further order of the court.
9. The respondent(s), or each of them, shall:
a. Cause the person to be protected [INSERT NAME] to attend at the British
High Commission/British Embassy in [INSERT DETAILS] for the purposes
of an interview with the consular staff of the said High Commission/Embassy
on such date and at such time as they are notified of by the solicitors for the
Applicant in correspondence;
b. Ensure that the person to be protected [INSERT NAME] attends at the
interview the details of which will be provided pursuant to sub-paragraph a.
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(above) together with any and all passports and other travel documents as
he/she currently holds and has available to them;
c. Allow the person to be protected [INSERT NAME] to attend the interview
with the consular staff at the said High Commission/Embassy alone.
10. The matter shall be adjourned and for [final hearing/further directions/review] before
a [High Court Judge of the Family Division/Judge of the Family Court] sitting in
chambers at [INSERT LOCATION] on [INSERT DATE] at [INSERT TIME], with a
time estimate of [INSERT TIME ESTIMATE].
11. The respondent(s) shall attend the hearing listed pursuant to paragraph [specify]
(above) together with solicitors and/or counsel if so instructed. A penal notice is
attached to this paragraph.
12. The respondent(s) may, if so advised, file and serve a statement of evidence by no
later than [INSERT TIME AND DATE].
13. The Applicant/ person to be protected may, if so advised, file and serve a statement of
evidence by no later than [INSERT TIME AND DATE]
14. Costs reserved.
Dated [INSERT DATE OF HEARING]
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