When we think of forced marriage, the instinctive image is often one of coercion by family members to compel someone into a union against their will. While this does occur, we also recognise that some cases arise not from malice, but from misguided good intentions. These situations can blur the lines between care and coercion, making it all the more crucial to approach them with sensitivity and legal expertise.
In short, if someone is being forced to marry another, either they or a third party, often the Local Authority, can apply to the Court for injunctive relief to prevent named persons from forcing them to marry or make arrangements for a marriage ceremony, or encourage others to do so.
When one hears the term ‘forced marriage’, images are conjured of nefarious individuals, usually family members, using menacing actions and threats to force another into a marriage they do not want to enter into. This of course does sadly happen, and alarmingly goes unnoticed or unreported in a lot of cases.
However, there are some cases where some family members, with good and honest intentions fall foul of this, especially when their relative has physical and / or cognitive difficulties.
It is of course every parent’s wish that their children should grow up and lead a natural and ‘normal’ life, that can include marriage. However, at times fate steps in and some people, due to physical and / or cognitive disabilities, need a lot of support in everyday life.
It is therefore understandable for such a parent to immediately recognise that they are not immortal and will not be around forever to care for their child for the rest of their natural life.
It then follows that a solution could be for that person to marry so their intended partner can help support and care for them, along with any children they may have when they are adults themselves. In those cases, there clearly is no malice, ill will, nor ill intent; it may not even cross the person’s mind whether that relative has the ability to understand the complexities and reality of relationships, marriage, and sexual relations, let alone have the ability to consent to such.
Therefore, it is important for one to remember, not all matters brought before the Court match those initial conjured images when hearing the term ‘forced marriage’.
Nevertheless, it is important not to lose sight of the fact the result is still the same. A person is still being forced, or in those cases unfairly encouraged and cajoled, into participating in a marriage ceremony or sexual relations, against their will when they do not have the capacity to consent.
In those cases, it is vitally important to establish whether the vulnerable party can understand the issues and consent, and if not, to educate the family so they can see that their actions are illegal in an understanding manner. The aim is to work collaboratively with professionals to obtain the correct support for the vulnerable party.
For further details about Forced Marriage Protection Orders and how GT Stewart Solicitors can help you, please visit our website here.
by Todd Killeen
