Forced Marriage Law and Practice

Erscheinungsjahr 2021
ISBN: 978-1-5265-1595-7
Verlag: Bloomsbury Academic

Buch, Englisch, 400 Seiten, Paperback, Format (B × H): 170 mm x 244 mm, Gewicht: 594 g

Longlisted for the 2022 Inner Temple New Authors Award

"an impressive book. a pleasurable and, at times, compelling read. an ambitious project, but.skilfully realised"

The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book

Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution.

The book is divided into five parts which look at:

- The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes.

- The law and procedure in the family jurisdiction, including both matrimonial and protective remedies

- The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction

- The law, procedure and relevance of Court of Protection proceedings
- Matters of best practice

Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage.

This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.

This title is included in Bloomsbury Professional's Family Law online service.

Autoren/Hrsg.

Hitchens, Joshua

Daly, Niamh

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Part 1: Types and stages of forced marriages
Chapter 1 Introduction

Chapter 2 What is a forced marriage?

Chapter 3 Prevention

Chapter 4 Punishment

Chapter 5 Remedies following a forced marriage

Chapter 6 Forced Marriage and Human Rights

Chapter 7 Honour-based forced marriage

Chapter 8 Vulnerable individuals and those lacking capacity

Chapter 9 Organised exploitation and marriage for immigration purposes

PART 2: Law and procedure in the family jurisdiction
Chapter 10 Interim Forced Marriage Protection Orders

Chapter 11 With notice Forced Marriage Protection Orders

Chapter 12 Disclosure into related proceedings and evidential difficulties in cases of forced marriage

Chapter 13 Appeals

Chapter 14 Decrees of nullity
Chapter 15 Declarations of non-recognition

Part 3: Criminal law and procedure
Chapter 16 Forced marriage offences

Chapter 17 Human trafficking and modern slavery offences

Chapter 18 Interplay with related proceedings

Chapter 19 Role of law enforcement organisations

Chapter 20 Other offences arising in forced marriage situations 227
Part 4: Court of Protection law and procedure
Chapter 21 Overview of the Mental Capacity Act 2005

Chapter 22 Circumstances in which Court of Protection proceedings may be necessary

Chapter 23 Interplay with related proceedings

Part 5: Best practice
Chapter 24 International cooperation

Chapter 25 Role of organisations

Chapter 26 Possible civil liability arising from failures to protect

Über Autor(innen)

Daly, Niamh
Niamh Daly is a barrister of the Middle Temple. Specialist in family law, with a focus on both public and private children, adoption and applications under the Family Law Act 1996. Niamh is regularly instructed to appear in the family court and the High Court and has a particular academic and professional interest in forced marriage and other international family law issues including abduction.

Hitchens, Joshua
Joshua Hitchens is a barrister at Outer Temple Chambers. Specialist in human rights and public law. Member of the Equality and Human Rights Commission Panel of Counsel, the Centre for Women's Justice Legal Reference Panel, The Attorney General's JJ Panel and the CPS 1 Panel. He has practised in both civil and criminal law in tribunals ranging from the Magistrates' Court to the Privy Council. Regularly appears for both Local Authorities and the Official Solicitor in forced marriage High Court and Court of Protection proceedings.

Joshua Hitchens is a barrister at Outer Temple Chambers. Specialist in human rights and public law. Member of the Equality and Human Rights Commission Panel of Counsel, the Centre for Women's Justice Legal Reference Panel, The Attorney General's JJ Panel and the CPS 1 Panel. He has practised in both civil and criminal law in tribunals ranging from the Magistrates' Court to the Privy Council. Regularly appears for both Local Authorities and the Official Solicitor in forced marriage High Court and Court of Protection proceedings.

Niamh Daly is a barrister of the Middle Temple. Specialist in family law, with a focus on both public and private children, adoption and applications under the Family Law Act 1996. Niamh is regularly instructed to appear in the family court and the High Court and has a particular academic and professional interest in forced marriage and other international family law issues including abduction.