Re X (Female Genital Mutilation Protection Order) (No 2)

[2019] EWHC 1990 (Fam)

24/07/2019

Barristers

Christopher Hames QC
Alison Grief QC

Court

High Court (Family Division)

Practice Areas

Public Children Law

Application brought under section 5A and Schedule 2 of the Female Genital Mutilation Act 2003 for a Female Genital Mutilation Protection Order relating to a two year old girl.

The case concerned an application brought under Section 5A and schedule 2 of the Female Genital Mutilation Act 2003 (‘2003 Act’), for a Female Genital Mutilation Protection Order (‘FGMPO’) in relation to X, a 3 year old girl. The matter had initially been heard by Russell J in 2017, when the court made an FGMPO – the terms of which imposed a worldwide travel ban until X had reached the age of 16. The decision of Russell J was successfully appealed (judgment here), and the matter remitted to Mr Justice Cobb.

The Mother was an English national who had lived in Egypt as an expatriate for a number of years. Having converted to Islam, in 2014 she subsequently married the Father, who was Egyptian. In 2016, the Mother travelled to England and upon discovering that she was pregnant, remained in England to give birth. When X was 4 months old, the Mother, having planned to return to Egypt with X, voiced concerns to her Health Visitor about FGM taking place in Egypt. Social Services were alerted and an application was issued under the 2003 Act, thereby preventing the Mother from leaving England with X. X has not yet met her Father in person as his immigration issues have prevented him from travelling to the UK. The parents now wish to live together as a family in England.

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