Family Law Act 1996

[F1 Further provision about orders E+W

Textual Amendments

F1 Pt. 4A inserted (25.11.2008 except in regard to the insertion of s. 63N) by Forced Marriage (Civil Protection) Act 2007 (c. 20), ss. 1, 4(2); S.I. 2008/2779, art. 2(a) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

63D Ex parte orders: Part 4A E+W

(1) The court may, in any case where it considers that it is just and convenient to do so, make a forced marriage protection order even though the respondent has not been given such notice of the proceedings as would otherwise be required by rules of court.

(2) In deciding whether to exercise its powers under subsection (1), the court must have regard to all the circumstances including—

(a) any risk of significant harm to the person to be protected or another person if the order is not made immediately;

(b) whether it is likely that an applicant will be deterred or prevented from pursuing an application if an order is not made immediately; and

(c) whether there is reason to believe that—

(i) the respondent is aware of the proceedings but is deliberately evading service; and

(ii) the delay involved in effecting substituted service will cause serious prejudice to the person to be protected or (if a different person) an applicant.

(3) The court must give the respondent an opportunity to make representations about any order made by virtue of subsection (1).

(4) The opportunity must be—

(a) as soon as just and convenient; and

(b) at a hearing of which notice has been given to all the parties in accordance with rules of court.

63E Undertakings instead of orders E+W

[F2 (1) In any case where the court has power to make a forced marriage protection order, the court may accept an undertaking from the respondent instead of making the order.

(2) But a court may not accept an undertaking under subsection (1) if it appears to the court—

(a) that the respondent has used or threatened violence against the person to be protected, and

(b) that, for the person's protection, it is necessary to make a forced marriage protection order so that any breach of it by the respondent may be punishable under section 63CA.]

(4) An undertaking given to the court under subsection (1) is enforceable as if the court had made the order in terms corresponding to those of the undertaking.

(5) This section is without prejudice to the powers of the court apart from this section.

Textual Amendments

F2 S. 63E(1)(2) substituted for s. 63E(1)-(3) (16.6.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 120(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93, 120(6)); S.I. 2014/949, art. 5(a) (with art. 10)

63F Duration of orders E+W

A forced marriage protection order may be made for a specified period or until varied or discharged.

63G Variation of orders and their discharge E+W

(1) The court may vary or discharge a forced marriage protection order on an application by—

(a) any party to the proceedings for the order;

(b) the person being protected by the order (if not a party to the proceedings for the order); or

(c) any person affected by the order.

(2) In addition, the court may vary or discharge a forced marriage protection order made by virtue of section 63C(1)(b) even though no application under subsection (1) above has been made to the court.

(3) Section 63D applies to a variation of a forced marriage protection order as it applies to the making of such an order.

(4) Section 63E applies to proceedings for a variation of a forced marriage protection order as it applies to proceedings for the making of such an order.

(5) Accordingly, references in sections 63D and 63E to making a forced marriage protection order are to be read for the purposes of subsections (3) and (4) above as references to varying such an order.

F3 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3 S. 63G(6)(7) repealed (16.6.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 120(5)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93, 120(6)); S.I. 2014/949, art. 5(a) (with art. 10)