Forced Marriage Protection Orders: Safeguarding Victims

A Forced Marriage Protection Order (FMPO) is a powerful legal tool designed to protect individuals at risk of being forced into marriage, whether in the UK or abroad. These orders can prevent a marriage from taking place, nullify an existing forced marriage, and shield victims from threats, harassment, or abduction. Understanding how FMPOs work, who can apply, and what evidence is needed can make all the difference in urgent situations.

Who Can Apply?

One of the strengths of FMPOs is their accessibility. Applications can be made by:

• The person at risk (the victim)

• A friend or relative acting on their behalf

• A local authority (such as social services)

• Any other person with the court’s permission

There is no minimum age for protection. Children and young people are frequently at risk, and in such cases, the court will often appoint a Children’s Guardian to represent the child’s best interests. The process is designed to be flexible and responsive, recognising that victims may be isolated or under intense pressure.

Evidence Checklist: What the Court Needs

The court will act quickly, but strong evidence helps secure robust protection. Useful evidence includes:

• Threatening messages (texts, emails, social media) or evidence of tickets booked for travel abroad, especially if the timing coincides with school holidays or family events.

• Witness statements from teachers, GPs, social workers, or other professionals who have observed changes in behaviour, signs of distress, or have been told about threats.

• Consular reports or communications if there is a risk of abduction or forced marriage overseas.

• Any previous police reports, safeguarding referrals, or evidence of family history involving forced marriage or “honour-based” violence.

The court does not require proof “beyond reasonable doubt”—it acts on the balance of probabilities and will err on the side of protecting the vulnerable.

Procedure Snapshot: How to Apply

Speed is often critical. The process is designed to allow for urgent intervention:

1. File Form FL401A and a supporting statement:
   This sets out the facts, the risk, and the protection sought. The statement should be as detailed as possible, including dates, names, and specific threats or incidents.

2. Without-notice (ex parte) orders:
   If there is an immediate risk, you can ask the court to make an order without notifying the other parties in advance. These orders can be granted the same day, providing instant protection.

3. Power of arrest:
   The court can attach a power of arrest to the order, meaning the police can act immediately if the order is breached. This is especially important where there is a risk of violence or abduction.

4. Service and follow-up:
   The order must be served on those it applies to, and a further hearing will usually be scheduled to review the situation and decide on longer-term protection.

Enforcement and Breach

Breach of an FMPO is a criminal offence. The police have clear powers to arrest and prosecute anyone who ignores the order. The court can also vary, extend, or discharge the order as circumstances change.

Case Note: Re K (2013) EWHC 242

This case clarified the distinction between “honour-based” pressure and ordinary parental guidance. The court found that persistent emotional pressure, threats of ostracism, or withdrawal of support can amount to coercion, even if no physical force is used. The focus is always on the free will of the individual, not the intentions of the family.

Common Pitfalls and Contentious Points

• Delay: Waiting too long to seek help can increase risk. FMPOs are designed for urgent use—apply as soon as you suspect danger.

• Lack of evidence: While the court can act quickly, detailed evidence strengthens your case and can lead to more comprehensive protection.

• International dimension: If the risk involves travel abroad, inform the court and consular services immediately. The court can order the surrender of passports and alert border agencies.

Practical Help: Caira’s Support

Preparing an FMPO application can feel overwhelming, especially in a crisis. Caira can help you draft Form FL401A, organise your evidence, and prepare a clear, persuasive statement—giving you the best chance of swift, effective protection.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.