Section 63D: Ex parte orders: Part 4A

Family Law Act 1996 · 1996 c. 27View on legislation.gov.uk

Part 4A: Forced marriage

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.

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

any risk of significant harm to the person to be protected or another person if the order is not made immediately;
whether it is likely that an applicant will be deterred or prevented from pursuing an application if an order is not made immediately; and
whether there is reason to believe that—
the respondent is aware of the proceedings but is deliberately evading service; and
the delay involved in effecting substituted service will cause serious prejudice to the person to be protected or (if a different person) an applicant.

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

The opportunity must be—

as soon as just and convenient; and
at a hearing of which notice has been given to all the parties in accordance with rules of court.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.