Commentary on Sections Section 63C Applications and other occasions for making orders
28.Subsection (1) provides that the court can make an order on an application or, if there are already family proceedings before the court, of its own initiative.
29.Subsection (2) provides that a person who is to be protected or a relevant third party can apply without leave of the court. A relevant third party is a person or class of persons specified by the Lord Chancellor by order. The Forced Marriage Unit could for example be made a third party. Technically the Secretary of State would have to be designated a relevant third party for the Forced Marriage Unit to operate in this way as the Forced Marriage Unit has no independent status in law.
30.Subsection (3) provides that any other applicant must first get the permission of the court before they are able to make an application, and subsection (4) sets out the criteria that the court must consider in making a decision as to whether to grant permission. Again the court must consider the ascertainable wishes and feelings of the person to be protected, as it is required to do by section 63A.
31.Subsection (5) provides that an application can be made within other family proceedings or as a stand-alone application.
32.Subsection (6) sets out the circumstances in which the court can make a forced marriage protection order of its own initiative.
33.Subsection (7) defines the meaning of the term ‘family proceedings’ for the purpose of section 63C. The definition goes beyond that set out in Part 4 of the FLA. ‘Relevant third party’ is also defined as a person or type of person specified by order of the Lord Chancellor.