This means giving the respondent a copy and it should be done using a process server or the court bailiff. For example, if you agree to marry someone but then change your mind and decide not to. If you are not in the UK as a spouse or partner of a British or settled citizen (for example, if you are here as a fiancée, a visitor, or if you are here as the dependant of your husband who is also not a British citizen or settled) then you will not be eligible to apply under the domestic violence rule. If you can't talk to your parents, maybe you can think of another adult who you trust, like a family member, teacher or school nurse. This is known as the domestic violence rule and allows women who are suffering abuse to leave their spouses or partners. The High Court can make orders to protect children. The Forced Marriage etc. If someone other than your husband takes your child from you, for example, your mother-in-law you should call the police. Questions are raised as to whether the changes in the law are likely to be effective, and it is ask… If you are afraid of returning to your country of origin you may be able to apply for asylum or humanitarian protection. Forced marriage is against the law in the UK and you have a right to say no if you're being made to marry someone who you don’t want to. But it’s important to remember that all major religions (Muslim, Hindu, Sikh, Christian and Jewish) are against forced marriage. She was scared and didn't know what to do but managed to get help and find a safe place to stay. You can make an application for a FMPO at the Family Court. If you or your solicitor call the court in advance and ask for special measures, these are protections put in place such as screens for you to provide your evidence behind so that you do not have to face your perpetrators and a safe exit, for example, by retaining , and or providing evidence from another. You may define your experience as ‘what the family expects’ rather than ‘force’ or ‘pressure’. More than a year after a new law criminalising the practice, there has been just one prosecution for forced marriage, despite more than 1,200 potential cases being discovered every year. The key offence, which carries a maximum sentence of seven years if tried on indictment, is contained in s.121, which provides that a person commits an offence if they: The pressure put on you to marry against your will can take place in many ways. This could mean that the order is made against one person or many people who are involved in the forced marriage. You can also contact our legal advice line. You or your solicitor will need to prepare a witness statement setting out details of your situation, any violence or threats that have been used against you, the arrangements for your marriage or details of the marriage if it has taken place. Thanks for waiting. You don’t have to cope on your own. Dina was 16 when her family tried to force her into marrying an older man. It introduced Forced Marriage Protection Orders (FMPO) to protect people from being forced to marry, or who are already in a forced marriage. If you believe you are in a forced marriage or are at risk of a forced marriage, you may be able to receive legal aid, social services, and safety planning (including emergency housing). Even if you say you agree to marry, this does not always mean you have consented. What if the FMPO is ignored or not followed by my perpetrators? Forced marriages and polygamy among targets of French law tackling radical Islamism French PM says law targets "pernicious ideology that goes by the name of … In a UK context, the needs and experiences of some affected groups are often less visible, and only specific groups are highlighted. Forced Marriage Act. Forced Marriage Protection Orders A Forced Marriage Protection Order (FMPO) is a As your child’s mother you have parental responsibility for your child. In an Arranged Marriage families take the lead in selecting a marriage partner but the couple have the free will and choice to accept or decline the arrangement. Confidentiality means not telling anyone else what you've told us. The family court will then set a hearing at which your perpetrators will have the opportunity to defend the order or they can agree to let the order continue. If you are a child under the age of 18, or the local authority consider you to be vulnerable and you are over 18, the local authority have the power to apply for a FMPO for your protection. Email: info@row.org.uk, Sexual harassment, assault and rape on campus, Reporting an offence to the police: A guide to criminal investigations, From charge to trial: A guide to criminal proceedings, A guide to criminal injuries compensation, guide to financial arrangements on marriage breakdown, Children and the law: Parental Responsibility, Children and the Law: when parents separate, Children and the law: the Family Court process, Child and the law: relocation, holidays and abduction. The marriage does not have to have occurred for you to gain protection. If you had a civil marriage in the UK then you will need to take legal action to end the marriage. If a court makes an order for you, they will protect you from anyone trying to force you into marriage. Chat ready: please press 'Go to chat' and your counsellor will be there. It's free to call and confidential. If this is not possible, you or your solicitor should ask for special facilities to be put in place to protect you at court and giving evidence. It is an appalling and indefensible practice and is recognised in the UK as a form of violence against women and men, domestic/child abuse and a serious abuse of human rights. You can apply for a FMPO if you have been forced into a marriage or you believe you are being forced into a marriage. This includes: 1. taking someone overseas to force them to marry (whether or not the forced marriage takes place) 2. marrying someone who lacks the mental capacity to consent to the marriage (whether they’re pressured to or not) It's a legal document that can stop you being taken abroad and forced into marriage. If you're abroad and need help, this site might be useful. Of course, this is not the case for all arranged marriages and some couples will enter into the marriage happily, safe in the trust that their family has reached an agreement that is suitable for them. A forced marriage is a marriage, which takes place against your will; or a marriage that you agreed to, but you did not really have a choice. A restraining order is a court order requiring and/or forbidding a person from doing certain things and can be written in a similar way to a FMPO. If you are considering applying for a FMPO call Rights of Women’s free legal advice service (see Contacts). The Anti-social Behaviour, Crime and Policing Act 2014 (‘the 2014 Act’) created the criminal offence of forced marriage. It’s important to let someone know as quickly as possible so that you can be safe and get help. This doesn't make things okay and you can get help to stop this from happening. If your perpetrator is found guilty of breaching the FMPO then there are a range of sentences that they could receive. Some families force their children to marry because they: But none of these reasons are okay. When someone always puts you down, shouts at you or makes you feel bad, this is emotional abuse. In order to qualify for refugee protection, you must show that you are at risk of persecution for a reason that is set out in the Refugee Convention and that you would be unable to relocate to be safe if your country of origin. The maximum sentence is 5 years imprisonment. There are some people and communities that think forced marriage is okay. You may also be able to obtain an order of protection, annulment, legal separation, divorce, or a child custody order granting you custody of any children resulting from the forced marriage. You haven't used the Childline website for a while. This essay identifies the issues of forced marriage and the implications on the victim and their family. There are people who won’t judge you and who will support you with what you’re going through. Get support if you're having problems with your family. It is clear that forced marriage remains a problem in the UK and abroad. You can speak to airport police officers, or call 999 for urgent help. You will usually have to attend court, in certain situations you can give evidence from another location, so that you do not have to face your perpetrators at court. 3. Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. Forced marriage can take place in the UK or in another country and usually involves girls or women (82%) being forced to marry someone by their parents or wider family. It is also breaking the law. It is a criminal offence to breach any part of a FMPO and you can call the police if any part of the order is ignored or not complied with. Karma Nirvana has advice on how to protect yourself from the risk of a forced marriage or honour violence. Read more. Many women do not identify what they are going through as forced marriage. Forced Marriage Legal Advice in the UK. Yes, but they might not know until you get the order. It can be very scary if you are already abroad and then realise what is happening. They can work with social services to get you help with finding a place to stay. In an arranged marriage, people always have a choice about whether they get married or not, choose who you marry, when you marry or whether you want to get married or not. For example, an imam or a priest who is going to conduct the ceremony or wider family members who are acting in a harassing way, could be subject to a FMPO. You can also get legal protection from forced marriage in the civil courts. If you are thinking about leaving a forced marriage but need immigration advice, then you can call our legal advice line on: 020 7490 7689. This might mean that you have to give evidence at court with your perpetrators there. If you are in the UK as the family member of a citizen of the European Union, you may also be able to establish that you have a right of residence in the UK that is separate from you husband’s. If you are experiencing domestic abuse see A guide to domestic violence injunctions. Forced marriage is never okay, and it’s important to remember there is help available. Welcome to your chat. Forced marriage is prevalent in Madagascar. The law is complex and may have changed since this guide was produced. 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