The mediator's tale : the CEDR story of better conflicts

Foreword Preface Acknowledgements Table of cases Table of statutes Table of statutory instruments Table of International Material Part 1: Types and stages of forced marriages Chapter 1 Introduction Chapter 2 What is a forced marriage? Introduction Family law definition Criminal law definition Marriages where parties lack capacity and the Court of Protection Arranged marriages and the ‘grey area’ Civil law definition Public international law Chapter 3 Prevention Positive obligation to prevent and protect under the Convention Forced Marriage Protection Orders International prevention Declarations and injunctions under the Mental Capacity Act 2005 The Modern Slavery Act 2015 Chapter 4 Punishment Introduction Criminal offences Breach of injunctions Chapter 5 Remedies following a forced marriage Introduction Foreign marriages Declaration of non-recognition Decree of nullity Chapter 6 Forced Marriage and Human Rights The European Convention on Human Rights Article 3: Prohibition of torture Article 6: Right to a fair trial Article 8: Right to respect for private and family life Article 14: Protection from discrimination Positive obligations Balancing of rights The Human Rights Act 1998 Chapter 7 Honour-based forced marriage Introduction Motivations for honour-based forced marriages LGBTQ+ forced marriage Issues with the term ‘honour-based violence’ Interplay of cultural and religious rights Chapter 8 Vulnerable individuals and those lacking capacity Introduction The test for capacity Before a marriage where parties lack capacity takes place After a marriage where parties lack capacity has taken place Scope of the inherent jurisdiction Test for vulnerability Protections available Chapter 9 Organised exploitation and marriage for immigration purposes Introduction Human trafficking Organised exploitation Civil and criminal powers available Marriage for immigration purposes Home Office duties Local authority duties Police duties Registrars’ duties PART 2: Law and procedure in the family jurisdiction Chapter 10 Interim Forced Marriage Protection Orders Introduction What meets the threshold for a forced marriage? Making an application for a forced marriage protection order – general procedure Terms of an order General rules on service Without notice (ex-parte) applications Chapter 11 With notice Forced Marriage Protection Orders Introduction Applications made on notice Varying or discharging an order The ‘Re K’ route map to ‘final’ Forced Marriage Protection Orders International cases and wardship Other orders to be sought in conjunction with a Forced Marriage Protection Order Local authority intervention Chapter 12 Disclosure into related proceedings and evidential difficulties in cases of forced marriage Introduction Private proceedings Applications for disclosure of documents from concurrent or previous family proceedings Disclosure into related proceedings Disclosure of family proceedings material to the police Disclosure from the police Evidential difficulties and disclosure Chapter 13 Appeals Grounds of appeal Is permission required? Timescales and appeal notices Appeals against case management decisions and interim orders Appealing findings of fact Who do you appeal to? Chapter 14 Decrees of nullity The effect of a decree of nullity Void marriages Voidable marriages Bars to relief when a marriage is voidable Procedure for applying for a decree of nullity Chapter 15 Declarations of non-recognition Introduction The effect of a declaration of non-recognition When to apply for a declaration of non-recognition Procedure for applying for declarations of non-recognition Part 3: Criminal law and procedure Chapter 16 Forced marriage offences Introduction Elements of the breach offence Offence of forced marriage Deception offence Extraterritoriality Anonymity Sentencing Restraining order Chapter 17 Human trafficking and modern slavery offences Introduction Modern slavery offences Human trafficking offences Associated offences Civil orders Chapter 18 Interplay with related proceedings Introduction Disclosure to the police Effect of a criminal conviction in family or civil proceedings Disclosure of police material Chapter 19 Role of law enforcement organisations Introduction Police and CPS National Crime Agency International policing agencies Border Force and Home Office Chapter 20 Other offences arising in forced marriage situations Introduction Child abduction Kidnapping False imprisonment Blackmail Part 4: Court of Protection law and procedure Chapter 21 Overview of the Mental Capacity Act 2005 Introduction Statutory principles Test for capacity to marry Best interests The Court of Protection Chapter 22 Circumstances in which Court of Protection proceedings may be necessary Introduction Applications and orders that may be made Orders the court is precluded from making Costs and other miscellaneous considerations Chapter 23 Interplay with related proceedings Introduction Disclosure of material from Court of Protection proceedings Disclosure into Court of Protection proceedings Jurisdictional issues Part 5: Best practice Chapter 24 International cooperation Introduction International cooperation in the protection of adults International recognition and enforcement of orders concerning children International cooperation in cases of child abduction The role of British diplomatic missions overseas Chapter 25 Role of organisations Introduction Schools, colleges and universities NHS bodies Local housing authorities Adult social care Children’s social care Chapter 26 Possible civil liability arising from failures to protect Introduction Human rights Negligence Index "?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."-- Provided by publisher "Written to celebrate the 30th anniversary of CEDR's emergence as the world's leading independent disputes consultancy, this book throws fresh light on the personal motivations and strategy behind a unique example of disruptive innovation in the legal system, while sharing their professional insight into how we can achieve better conflict management in our personal and professional lives. The authors first chart the personal and organisational drivers behind the success of CEDR in the UK and internationally, drawing out important insights for other innovators and campaigners for change to a traditional system. The main part of the book then draws on this 30 year experience to highlight key insights into how the mediation process, and other independent conflict intervention techniques, deliver results; how they can be made to work most effectively; how to adapt these skills and systems for old and new dispute contexts; and challenges for the future of better conflict management. It also has tips to help readers analyse their own experiences in conflict and dispute resolution so that they can learn from the insights of leading practitioners, while becoming familiar with a fascinating and unique lifetime's professional practice, and the diverse experiences of a leading independent institution in the field."--