Forced Marriage Protection Explained
WHAT IS A FORCED MARRIAGE?
This is when an individual is being blackmailed, manipulated, coerced or forced into a matrimonial relationship against their will. There is a lack of full and free consent because this individual is being threatened and pushed to marry for reasons which are being enforced on them resulting in fear, guilt and shame.
There can also be physical and sexual violence used to force an individual into submission.
A forced marriage is also when an individual, who does not have the mental capacity to understand and agree with a matrimonial union, is encouraged to marry.
Since 2017 all forced marriage victims have lifelong anonymity.
WHAT IS A FORCED MARRIAGE PROTECTION ORDER (FMPO)?
A forced marriage protection order – FMPO – is an injunction issued by the court stopping someone taking you abroad, being violent towards you, taking steps towards marrying you/arranging your marriage or contacting you. The specifics of the court order will depend upon your case circumstances.
You can apply for a forced marriage protection order if you are being forced into a marriage or you are already in a forced marriage.
The court has the power to take away your passport if they feel this will keep you safe.
A FMPO can be issued by the court at the same time as a police investigation or criminal proceedings taking place.
WHO CAN APPLY FOR A FORCED MARRIAGE PROTECTION ORDER?
To understand all sections on this webpage from now on please note the following 5 points before continuing to read –
- The application form used to apply for a FMPO is form FL401A.
- The person that completes and submits form FL401A to the court is known as the applicant.
- The person who the application is applied for is known as the person to be protected.
- The person(s) the FMPO application is against is called the respondent(s).
- The words ‘to serve’ or ‘serving court papers to your ex-partner’ below means they must receive copies of your application form and other relevant court papers that require them to be informed, respond, comply with court directions or attend court. Depending upon the type of court application form submitted you can either do this yourself or the family court bailiff will do this for you.
The following individuals can apply for a FMPO –
- THE PERSON TO BE PROTECTED – If you are being forced into matrimonial relations – even if you are under 18 years of age you can complete and submit form FL401A yourself. You will be known as the ‘applicant’ as well as ‘the person to be protected’.
- A RELEVANT THIRD PARTY – A person or organisation allowed to make an application on behalf of the person to be protected such as a local authority.
- ANY OTHER PERSON WITH THE PERMISSION OF THE COURT – If you are a relative, friend, voluntary worker, or another person you can make this application to the court but you will need to ask the permission from the court to do so. The form you will need for asking permission is form FL430. You must send this form alongside form FL401A for the court to consider.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL430
WHAT APPLICATION FORM DO YOU NEED TO APPLY FOR A FORCED MARRIAGE PROTECTION ORDER?
The application form you will need to apply for a forced marriage protection order is form FL401A. Please click on the link below to access form FL401A.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL401A
As stated above if you are not the person to be protected or a relevant third party but another person who is applying on behalf of the person to be protected you will need to ask the permission of the court. To get this permission you will need to complete form FL430 and send it along with form FL401A. Please click on the link below to access form FL430.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL430
You must send your completed forms and all attachments to your local family court by post or you can take your application in personally. You must inform them on your arrival that your application is urgent and for a FMPO. They are usually open between 10am – 4pm. Please click on the link below to find your local family court.
LINK TO GOVERNMENT WEBSITE TO FIND YOUR LOCAL FAMILY COURT.
WHAT WILL HAPPEN ONCE YOU HAVE SUBMITTED YOUR APPLICATION FORM FL401A TO THE COURT?
You will receive a notice of proceedings from the court called form FL402A. This document will list the date of the court hearing.
The person who your FMPO application is against must be served (given) a copy of your application form. You can get someone to do this for you or you can ask the court bailiff to serve them. If you want the court to serve the respondent you will need to complete form D89 – request for personal service by a court bailiff.
LINK TO OUR L.I.P HELP GUIDE FOR FORM D89
After the respondent(s) have been served, the person who has served the respondents must complete a statement of service form FL415 and send it to the court.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL415
WHAT WILL HAPPEN AT THE COURT HEARING?
Most of these type of cases are heard in private (in the judges chambers) with the judge, both parties and any legal representatives present. On your form FL401A you can ask for the court to make special arrangements for you such as a screen, separate waiting room and entrance. The court will also arrange an interpreter if you have requested one on your form. If the judge gives you permission you may be able to have a friend or relative support you in the court room but they cannot be involved in the proceedings.
The judge will make a court order that will be in your best interest. You will be given a copy.
CAN YOU GET AN EMERGENCY EX-PARTE/WITHOUT NOTICE FMPO?
If you feel that you need(s) immediate protection but the person (respondent) you are making the order against must not be informed then you can use form FL401A to apply for an ex-parte/without notice FMPO. In this case you must write a witness statement stating what has happened, why you you want the FMPO to be made and why do you want it issued without notice.
In this case you must write, sign and date a statement of truth at the bottom of the statement in the box in part 5 of your form FL401A or on a separate piece of paper if you have continued on this sheet.
A statement of truth can be written as follows – ‘I believe this statement to be honest and truthful to the best of my knowledge’
LINK TO OUR L.I.P HELP GUIDE TO YOUR WITNESS STATEMENT EXPLAINED.
If an order is made without notice, then a hearing will be held at a later date where the respondent will be given a chance to put their side forward to the judge.
WILL THE COURT SEND A COPY OF THE FMPO TO THE POLICE?
Yes the court will approximately 24 hours after the court order has been stamped. Occasionally the police are notified before the respondent(s) have been served or notified. If the court served or notified the respondent(s) the court will notify the police. If your solicitor has served the respondent(s) then they will notify the police within 2 days of the service. If you have arranged for the respondent(s) to be served then you will notify the police. The court has a sample template for this and they will give you this. You will need to complete this form and email it to protectionorders@pds.police.uk.cjsm.net.
If you have arranged for the respondent(s) have been served and notified, you must inform the court you have done this. You must complete form FL415 and send it to the court. Please click on the link below to access form FL415.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL415
WHAT DO YOU DO IF YOU WANT TO EXTEND, CHANGE OR END THE FMPO?
You can make an application to the court using form FL403A to extend, change/vary or end/discharge the FMPO. Please click the link below to access form FL403A.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL403A
DOES THE GOVERNMENT HAVE A SPECIAL UNIT YOU CAN CONTACT FOR HELP?
Yes they do. It is called the Forced Marriage Unit (FMU). Their telephone number is 0207 008 0151. If you are calling from abroad their telephone number is 44 207 008 0151. The hours the lines are active is 9am – 5pm Monday to Friday. Out of hours telephone number is 0207 008 5000.
Their email address is – fmu@fcdo.gov.uk
Their face book address is – forced marriage page.
Their twitter address is – @FMUnit
There are trained professional people on the line who will help you. They can give you advice, help you find a safe place to stay and even stop a UK visa if you have been forced to sponsor someone intended for marriage.
You can also contact the FMU if you know that an individual has been taken abroad for a forced marriage. You must give all the details to the FMU and they will contact the British Embassy in that country. The embassy will contact the individual and help them return to the UK.
WHO CAN YOU CONTACT IF YOU HAVE BEEN TAKEN ABROAD FOR A FORCED MARRIAGE?
You can contact the British Embassy if you are a British Citizen. Please click on the link below to find your embassy.
LINK TO GOVERNMENT WEBSITE TO FIND YOUR EMBASSY
WHAT DO YOU DO IF YOU ARE IN IMMIDIATE DANGER?
Please call the police – 999
IS FORCED MARRIAGE AN OFFENCE?
Yes it is. If someone forces you to marry they can be jailed for up to 7 years.
If someone does not comply with a FMPO they can face a prison sentence up to 5 years.
If you are taken abroad to marry – this will count as a forced marriage offence whether the marriage itself takes place or not.
WHAT CAN YOU DO IF THE RESPONDENT(S) DO NOT COMPLY WITH THE FMPO?
Non compliance of a FMPO can be dealt with in the family and criminal court. If there is non compliance you have two options –
- You can contact the police. Breach of a FMPO is a criminal offence and the police can arrest the respondent. The court does not need to attach a power of arrest to the FMPO nor does the person to be protected/applicant need to apply to the court for an arrest warrant. Breach of a FMPO can result in a prison sentence for up to 5 years.
- Or if you do not want to contact the police you can apply to the family court for an arrest warrant. The family court will deal with this as a contempt of court and can hand down a prison sentence for up to 2 years. You can also apply to the family court if the police and crown prosecution service decide not to take the breach of the FMPO further. You can make an application to the court for an arrest using form FL407A. You must include a signed and dated statement of truth at the bottom of your statement. Please click on the link below to access form FL407A.