Forced Marriage Law and Practice

Hitchens and Daly take us through the legalities of this social, familial and political minefield in all its forms this is a 'go-to' work on a despicable chicanery.

Préface
A comprehensive and practical treatment of the law and practice relating to forced marriage, written in a clear and accessible style incorporating Criminal, Family and Court of Protection elements.

Auteur
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.

Texte du rabat
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.

Résumé
Longlisted for the 2022 Inner Temple New Authors Award an impressive book a pleasurable and, at times, compelling read an ambitious project, butskilfully 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.

Contenu
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