Forced marriage protection orders

Forced marriage protection orders

A forced marriage is a marriage that takes place without the full and free consent of both parties.

Force is not restricted to direct threats of violence and can include coercion by threats or other psychological means. The force can be directed against another person in an attempt to force the person to be protected into marriage.

Under the Family Law Act 1996 (FLA 1996), the court can make a forced marriage order (FMPO) that can be used to protect the person who has been, or is being, forced into marriage against their will by imposing restrictions against the effecting of marriage and requirements such as the surrender of passports.

The court may make an FMPO as a result of a free-standing application or without an application being made, of the court's own volition in other family proceedings. The court can make an order of its own initiative in any other family proceedings where it considers it should be made to protect a person and where a potential respondent is involved in those proceedings.

In deciding whether to make an FMPO, the