Children - Private Law (CAP) Cases

Reinstating contact for a Father

Marie represented the Father in a case where he had separated from his wife and she refused contact. Initially she allowed limited contact, then refused contact completely. At the first hearing, the Court ordered contact to take place at a contact centre and for there to be a s.7 report. The case is listed for Continue reading

Protecting a Mother and children from abuse

Marie represented the Mother in a fact-finding hearing in relation to her allegations of domestic abuse towards her and the children by the Father. There were also allegations of drug and alcohol abuse by the Father, and hair strand testing had confirmed this was an issue. The case was heard by a Circuit Judge and Continue reading

Enabling a Father to spend Christmas with his child

Marie represented a Father in an application to vary a CAO, adjusting the time he spends with his child. He was seeking a more defined order in relation to holiday contact than previously, seeking half of all the holidays. At the first hearing (FHDRA) nearly all matters were agreed save arrangements for Christmas contact, and Continue reading

Enabling a live with order in Europe

Marie represented the Mother in a case where she alleged she and her children had been subjected to physical and emotional abuse. The Father, her ex-husband, made an application for a child arrangements order to spend time with the children. The Court found all the Mother’s allegations proved at a fact-finding hearing. The S.7 report Continue reading

Child diagnosed with Autistic Spectrum Disorder

Marie represented a Mother who left a relationship as a result of domestic abuse. As a result of injunctions and restraining orders there was a long gap in the child seeing the Father. It had therefore been agreed that contact could commence at a contact centre on a supervised basis, in order to reintroduce the Continue reading

Supporting a Mother against violent and abusive Father

Sandria represented the Mother in a case where the Father was seeking to enforce a CAO which gave him contact with the couple’s youngest child. The child, now a teenager, was refusing contact with the Father. Sandria’s client, who had two other children, had fled the family home several years previously, and had subsequently been Continue reading

Representing a Father

Marie represents a Father who separated from his Wife when their child was very young. Contact progressed for nearly a year, when the Mother refused contact and alleged that domestic abuse had occurred during the relationship. She also moved home and could not be located for almost a year. At the point Marie took over Continue reading

Representing a Mother concerned about sexual harm

Marie represented a Mother in a complex and unusual case where the child had a disability which required special schooling and a plan from the Local Authority, but the parents could not agree on the right school. In addition, contact with the Father had broken down, and the child was refusing to see him and Continue reading

Representing a Mother concerned about sexual harm

Marie represented a Mother where the Father has a Child Arrangements Order for contact with their child. However the child made disclosures of potential sexual harm in the Father’s care and contact was suspended. A s.47 investigation was carried out by Children’s Services and the concerns were substantiated, although sexual harm by the Father was Continue reading

Supporting a Mother

Sandria represented a Mother, where the Father had made a further application to change a current CAO, which included changing the child’s arrangements from living with Mother to a shared care arrangement. The Father had previously applied to change the arrangements, but without changing the living arrangements. There was indication that the Father is controlling, Continue reading

Successfully dismissing a Father’s counter-allegations

Philip represented the Mother in an acrimonious contact dispute, where his client had made allegations of rape, threats to kill and strangulation as well as coercive and controlling behaviour by the Father. His client’s allegations were found proved and the cross allegation made by the Father were dismissed.  

Supporting a Mother in court against a controlling Father

Philip represents a Mother opposing the Father’s contact on the basis of his controlling and coercive behaviour. The case has so far only reached a directions hearing, but his sensitive representation and thorough preparation have been recognised by his client. Philip’s client, initially nervous about dealing with the controlling Father in court, felt that his Continue reading

Protecting a Mother and children from abusive husband

Marie represented a Mother of young children who was applying for an Occupation Order to have her husband removed and excluded from their jointly owned property. He was addicted to drugs and alcohol and being threatening and abusive, which was also putting the children at risk of significant harm. At the First Directions Appointment it Continue reading

Shared care agreement and agreement not to relocate

Sandria represented a Father in a case where the Mother wished to re-locate to another part of the country to live with a new partner. Sandria’s client had a close relationship with his child, having care every weekend. He had concerns about the status of the Mother’s new relationship, as well as about the profound Continue reading

Protecting a Mother and child from an arranged marriage

Marie represented a Mother, a foreign national who had come to the UK with her husband, who was also a foreign national but had a British passport, after an arranged marriage. During their short marriage he had been physically, verbally and emotionally abusive and coercive and controlling. For financial reasons, he sent her and their Continue reading

Achieving increased contact for a Father

Melanie represented a Father who was experiencing a blank refusal by the Mother to extend his time with his children. There were no difficulties with the current contact but the Mother felt that it was enough. At trial, Melanie successfully argued that the Father should see the children every other weekend, plus one overnight every Continue reading

Supporting a family with an alcoholic Mother

Melanie represented a Father who was concerned about the Mother’s alcoholism. At court it was agreed that the children would live with the Father, and that the Mother would wear an alcohol testing bracelet for the next three months to monitor her alcohol intake.

Enabling a Father to care for his child

Melanie represented a Father who was seeking to care for his teenage child after the relationship between the mother and child broken down. Despite having not had a particularly close relationship with his child historically, and the mother saying there should be no contact with the father at all, Melanie secured an order for the Continue reading

Supporting a parent to achieve compromise agreement

Louisa acted for a parent at a hearing listed by the Court after the parents had compromised applications for both child arrangements and injunctive orders at a previous first hearing without the CAFCASS safeguarding checks being available. The CAFCASS officer, who had raised concerns, was directed to attend the court to give further details about Continue reading

Supporting a Father’s shared care application

Marie represented the Father in an application for shared care of his children. Her client had maintained a high level of contact since separation from the Mother, but she had started to prevent contact and change the arrangements. He therefore made an application to put an order in place, and also sought to increase the Continue reading

Working with expert evidence in non-UK law

Marie represented a Father who was born outside the EU but is now a British Citizen. He was married to a British woman and they have two young children, but have since separated. During the proceedings a Child Arrangements Order was obtained for the Father to spend time with the children, including during holidays, but Continue reading

Court order for child to live with Father

Marie represented a Father of a young child, who had separated from the Mother in circumstances where she was struggling with substance misuse and mental health issues. Marie made a successful application for an interim Child Arrangements Order for the child to live with the Father, and to have contact (supervised by a family member) Continue reading

Working effectively with a children’s Guardian

Marie represented children via their rule 16.4 Guardian in a case with an acrimonious history between the parents. In addition, the Father had mental health issues, which were being well-managed with medication and a treatment plan with mental health services. Marie worked effectively alongside the assistance and expertise of the Guardian, and the parties were able Continue reading

Supporting a Mother with very low self-esteem

Sandria represented a Mother in a case where the extremely acrimonious relationship between the parents involved social services carrying out s 7 and s 47 reports. The Father had retained the child after contact, but after social services involvement the child was returned to the Mother’s care, with the Father having contact. There still remained Continue reading

Application for non-molestation order

Marie successfully represented the Mother in an application for a non-molestation injunction. She also agreed contact with her client’s ex-partner in relation to the children, as he issued an application for a child arrangements order and the hearing is listed for a FHDRA in due course. A third party will do the handover and the Continue reading

Supporting a Mother injured by a Father

Marie represented the Mother of three young children in a case where, for some time since separation, the Father’s behaviour at contact handovers had got progressively worse. She had already called the police on a number of occasions as a result of his aggressive behaviour, and this culminated in physical assault after which she needed Continue reading

Representing a Mother in Child Arrangements Order

Marie represented the Mother in an application by her ex-partner for a child arrangements order in respect of their two young children. There was no contact ordered because of concerns about the Father’s alcohol issues. The court was also concerned to learn that he was involved in care proceedings in respect of another non-subject child, Continue reading

Representing a Mother who has suspended contact

Marie represented a Mother who had agreed contact through mediation, but following difficulties with the Father’s behaviour, had obtained a Non Molestation Injunction against him. Contact was then agreed but there were further issues with the Father’s violent behaviour and Marie’s client stopped contact. The Father made an application to enforce, but because there had Continue reading

Protecting a Mother and child from abuse

Marie represented a Mother in a child arrangements application by the Father where there had been a background of emotional and psychological abuse. The Mother’s application for a non-molestation order had already been dealt with. Interim arrangements were agreed and the case was listed for a final hearing.

Restoring a Father’s contact with his baby

Marie represented a Father who had been having contact with his very young baby for five months after he and his partner separated. However, when he started a new relationship the Mother became difficult about contact. The Mother made allegations of abuse and threats at handover, which he denied, and contact stopped. The Mother obtained Continue reading

Representing a Father in an acrimonious situation

Kevin represented the Father of a young child. The parents had recently separated amid cross allegations of domestic violence and abuse, and the child was in the care of the Father, who was refusing to let the Mother have contact. The parents were in dispute as to which the child should live with, and the Continue reading

Support for a Father with a Child Arrangements Order

Kevin represented the Father of two children. At an earlier court hearing, the court had made an order that the children should live with their Father and spend time visiting their Mother, including overnight stays. The mother subsequently issued a further application, seeking to increase the amount of time that the children should spend with Continue reading

Child contact dispute

The case involves a High Court challenge to (Judicial Review of) the Council’s Housing Policy whereby individuals with outstanding debts to social housing providers were deemed ineligible for the Council’s Housing List. The Court considered submissions regarding the relevant statutory provisions (sections 160ZA and 166A Housing Act 1996, as amended by the Localism Act 2011). Continue reading

Contested contact dispute

Clive represented a Mother who sought to oppose the Father’s application to have staying contact with his son in a European country in which he was resident. The case involved a number of safeguarding issues including past domestic abuse, failure to seek proper medical treatment for the child and the use of illegal drugs. Clive Continue reading

Permission to remove from the jurisdiction

Clive represented a Mother seeking the permission of the court to remove her children from the jurisdiction so that they could all go and live abroad permanently. The case was of huge importance to the client as it involved a plan for a complete change of lifestyle for her and the children. Clive advised his Continue reading

Keeping a child near to a Father

Marie represented a Father in a case where he had been sharing care of his young child with the Mother after separation. However, there was then a dispute about an incident between the parents and the Police were called. The Mother alleged domestic violence, which was disputed by the Father, and all contact stopped. The Continue reading

Varying a Child Arrangements Order

Marie represented a Mother who had a Child Arrangements Order which she and her ex-husband had made by consent in respect of their two children. This dated back several years. Their arrangements had since evolved, and Marie’s client sought to vary the order to reflect this. However, the Father refused to agree to the changes Continue reading

Contested non-molestation hearing

Melanie represented the Respondent in a final contested non-molestation hearing under Part 1V of the Family Act 1996 (“the Act”).  She raised the preliminary issue whether the parties were associated persons in terms of the Act. The Court found for Melanie’s client on the preliminary issue, and dismissed the Applicant’s application with costs.

Representing very young children in a case of neglect

Marie represented two very young children in an application made by the Local Authority for Care Orders. The children were found in circumstances of very poor home conditions and neglect and removed from the home by the Police. Subsequent interim care orders were made at court and the children were removed to foster care, with Continue reading

Re-establishing contact with an alienated Father

Marie represented a Father who had separated with his wife when their child was one year old. Although contact with the child had progressed for nearly a year, the Mother then refused contact and made allegations that domestic abuse had occurred during the relationship. She also moved home and could not be located for almost Continue reading

Seeking a Child Arrangements Order for a stepchild

Marie represented a step-mother who had applied for a Child Arrangements Order in order to see her stepchild. She was the child’s primary carer for several years and, unusually, had a Parental Responsibility agreement in relation to the child, which enabled her to make the application without leave. Marie’s client ended her relationship with her Continue reading

Enforcing an application on behalf of a Father

Clive acted for a Father in a long-running application for contact with his child. The Mother engaged only sporadically with the proceedings and failed to comply with orders made on a number of occasions. Clive recommended that enforcement proceedings be issued and thereafter persuaded the Court to make both an enforcement order requiring the Mother Continue reading

Reuniting an alienated child with a Father

Marie acted for a Father in a case where he had not seen his child for two years because the Mother repeatedly breached court orders and alienated the child against him. Particularly distressing to Marie’s client was that the Mother had actually told the child the Father had died. The Local Authority commenced care proceedings Continue reading

Resolving a conflict over a child arrangements order

  Kevin represented the mother of two children. The parents had separated, and the father, who had not seen the children for some years, applied for a child arrangements order. The mother was opposed to any face-to-face contact, since both she and the children alleged that there had been domestic violence against her, and excessive Continue reading

Opposing a relocation

Sophie was recently instructed by a Father in internal-relocation proceedings. The Mother of the children hoped to move away from the local area and relocate with her children several hours’ journey away, with a view to being closer to the maternal side of the family and her new partner. This proposed move was opposed by Continue reading

Helping a Mother to provide stability for her children

Sandria represented the Mother in her application to alter the shared care arrangement made several months previously for two young children. The Mother had convictions for ABH and a restraining order against her in relation to the Father, but had now successfully completed a number of courses and the freedom project. In the meantime the Continue reading

Negotiating an agreement to avoid court costs

Melanie represented the Applicant and 1st Respondent in private law adoption proceedings. The application was initially contested and set down for a two-day final hearing. Ultimately, the opposition to the application was withdrawn. By working effectively together with her clients and the other parties, Melanie was able to help them to achieve an agreed Consent Continue reading

Negotiating a settlement and avoiding final hearing costs

Marie represented the Mother of an autistic child who was causing physical harm both to her and to a younger sibling. In additional, there were issues of high hostility between the parents and potential parental alienation issues. Marie brought her calm and reassuring approach to this difficult and emotive family situation. When she was instructed Continue reading

Facilitating a positive approach to reintroducing contact

Louisa represented a Mother who had concerns about re-introducing her children to their father after contact between them had broken down some time previously amidst a number of concerns. The CAFCASS officer’s report recommended some level 2 supervised contact to effect a re-introduction. Louisa’s supportive and sensitive approach enabled matters to be discussed at some Continue reading

Recovery Order returning a child after abduction

Marie acted for a Mother who had a child arrangements order made a few years ago, stating that the child should live with her and see the Father every other weekend. After a weekend contact the Father had retained the child, and refused to return them. An urgent application was successfully made for immediate return Continue reading

Helping a Mother suspend contact with a violent Father

Marie represented a Mother who had previously agreed contact through Mediation. When there were difficulties with the Father’s behaviour she obtained a Non Molestation Injunction against him. Contact was then agreed but there were further issues with his violent behaviour and she stopped contact. The Father made an application to enforce contact but because there Continue reading

Achieving leave to apply for child adoption

Marie represented a couple in their application to adopt a child who was placed with them after care proceedings under a Special Guardianship Order. The child’s parents could not care for the child because of ongoing mental health issues. Marie’s sensitive approach to complex family dynamics was particularly helpful in this case, as the adopting Continue reading

Working with a Guardian to reach agreement for contact

Marie represented the children via their rule 16.4 Guardian in a case with an acrimonious history between the parents and mental health issues with the Father. Marie worked collaboratively with the Guardian, and with the combination of Marie’s knowledge and the Guardian’s assistance and expertise the parties were able to reach an agreement for contact Continue reading

Restricting contact with a controlling Father

Philip acted for the Mother and succeeded in preventing a very controlling father from having contact on his terms. Philip’s client and her children had set out preferred contact terms which included restricting summer time contact to just one week, and Philip was successful in persuading the Court to agree with their preference.

Acting for a Father to achieve a shared care agreement

Sandria acted for a Father in a child arrangement application. Her client sought a defined contact and a shared care arrangement as the Mother was, despite agreeing contact at separation, beginning to withhold contact, or cancel it without proper cause. Through working closely with her client, Sandria was able to demonstrate the Mother’s controlling nature, Continue reading

Representing a vulnerable Mother and children

Marie represented a Mother of two young children who went to a refuge to escape domestic abuse towards her and the children. Marie’s sensitive and tactful approach enabled her to support her client when the Father made an application to see the children. The Court ordered that there would be no contact until after a Continue reading

Working with a Guardian in the interests of the children

Through their Guardian, Marie represented the children in a long-term dispute about where they should live. The Guardian had been appointed as a result of the degree of conflict between the parents, which professionals considered was causing the children emotional harm. Working with Marie’s guidance, the Guardian recommended a shared care order, so that no Continue reading

Representation while an ex-partner tackles issues

Marie represented a mother of two young children, who had separated from the father as a result of his domestic violence and drug and alcohol abuse. The mother had not stopped the children’s contact with their father after the separation, and was facilitating contact for the short periods of time deemed safe. Marie advised her Continue reading

Supervised contact until a father is drug-free

Marie represented a young mother who had ended her relationship with the father of the child after domestic violence and drug abuse. The father was convicted in the criminal court of domestic violence and ordered to complete the Building Better Relationships 6-month domestic violence programme. Marie helped her client to ensure that the father’s contact Continue reading

Respecting the contact wishes of a child

Sandria acted for a Mother in a case where the child had requested that contact with the Father should cease. In response, the Father had issued an enforcement application and accused Sandria’s client of harassment. Throughout this case, between hearings, Sandria’s client was subject to constant harassment by the Father, both at home and in Continue reading

Preventing a Father from removing a child from a Mother

Sophie represented a Mother involved in private child proceedings. The applicant Father sought a child arrangements order that the child live with him, and had raised a number of concerns against the Mother including emotional neglect and implacable hostility. He also raised a physical risk posed by the Mother’s ex-partner due to previous domestic violence Continue reading

Protecting a mother but enabling contact

Marie represented a father who had separated from the child’s mother over 1 year earlier, and was still being limited to 2 hours contact per week. Over that year he had undertaken mediation and instructed Solicitors to correspond with the mother, yet there were still major difficulties in him seeing his child. There were no Continue reading

Maintaining a supervised contact order

Marie acted for a young mother where there were numerous safeguarding concerns regarding the father of the child. These related to his wider family, and included Children’s Services involvement. The court did not allow him unsupervised contact with Marie’s client’s child. The father refused to co-operate with the CAFCASS safeguarding checks or engage in the Continue reading

Limiting contact following domestic violence

Marie represented a Mother in contact proceedings. Marie’s client alleged serious domestic violence against her former partner, and there had also been criminal proceedings for serious offences, which had unfortunately not resulted in a conviction. Despite the lack of a criminal conviction, following Marie’s representing during a fact finding hearing in the family court, findings Continue reading

Supporting a Father in appealing against allegations

Marie represented a Father in an appeal where allegations had been made against him by the Mother, but he in turn alleged that these were fabricated. Marie was able to support her client through the process of appeal, and successfully appealed findings of fact and a non-molestation injunction made by the Tier 1 Family Court. Continue reading

Protecting a child where a new name is needed

Melanie acted for the Applicant in a case involving four applications. Her client sought a Child Arrangements Order with neither direct nor indirect contact with the Respondent, to change the child’s name and surname, to remove the Respondent’s parental responsibility, and a Prohibited Steps Order. Following Melanie’s representation, the Court awarded all the applications, determining Continue reading

Protecting a child at risk of Female Genital Mutilation

Philip successfully acted for a Mother to obtain an order protecting her daughter under the Female Genital Mutilation Act. It was also necessary to obtain a further order preventing the Father from applying for a passport for the child so that she could not be removed from the country.

Resolving contact disagreements at final hearing

Marie represented a Father of an autistic child who was having difficulties agreeing contact with the Mother. Her client had previously represented himself throughout the proceedings and was struggling to achieve the contact he wanted. He then instructed a Solicitor and Marie for the final hearing. Marie’s representation and advice on this sensitive case enabled Continue reading

Successful Appeal of Final Child Arrangements Order

Marie successfully acted for a Mother to appeal a final order of a District Judge. In addition to retaining the couple’s children after holiday contact, the Father had made very serious false allegations against the Mother, none of which were considered proved by the Court (nor had the authorities considered them to be of any Continue reading

Abusive Husband

Acting for a mother who alleged that her former husband had been abusive towards her and the children.  She supported the father having contact with the children but sought for it to be supervised until such time as he had demonstrated that he had taken steps to alter his behaviour.   The father denied all allegations Continue reading

Acting for a vulnerable Respondent mother

Rachel acted for a vulnerable Respondent mother who had suffered domestic abuse by the father and had moved with their child to another area of the country. The father had applied for residence and for a Prohibited Steps Order. In previous hearings, the Judge had refused to transfer the case to the area where the Continue reading

Acting for applicant mother in contact proceedings

Rachel acted for an Applicant mother where the father had obtained a residence order and the mother had not seen the child for 5 years. The parents’ separation had been extremely acrimonious and the father continued to refuse the mother any form of contact with the child. Rachel’s client was extremely anxious as it was Continue reading

Acting for a vulnerable mother

John acted for a Respondent mother where the father had made an application for the child to live with him. His client needed particular support as she was young and vulnerable, having previously suffered domestic abuse by the father. John negotiated that the child will live with the mother, and arranged an incremental increase in Continue reading

Fact Finding – Acting for a mother

Marie acted for a mother in an application for a Child Arrangements Order by the father for contact with the child. A non-molestation injunction had been granted in separate proceedings, due to allegations of the father’s violence. The father had subsequently breached the order on numerous occasions, which had been dealt with in the criminal Continue reading

Grandparents with Residence Order

Marie represented grandparents in a case where they had a Residence Order and the child had lived with them for a number of years. An SGO was granted despite opposition from one of the parents.

Removing parental responsibility and changing names

Marie represented a mother in an application to prohibit any contact between her ex-husband and their children after he committed serious violent and sexual assaults against her and was imprisoned after a lengthy trial. This emotive and sensitive case also included the very unusual application to remove the father’s Parental Responsibility and change the children’s Continue reading

Grandparents with residence order

Marie represented paternal grandparents who have a residence order in respect of their grandchild. A contact application had been made by the maternal grandmother for unsupervised contact to include holidays abroad. Marie’s clients had very serious concerns about the maternal grandmother’s care of the child, which arose from previous agreed contact. There were also concerns Continue reading

Non-Hague Convention case

Marie represented a mother in an application to prevent her former partner from removing their child to South America, which was where the father had grown up and still had family ties. A prohibited steps order was made. This was particularly important, as it is a non-Hague Convention country.

Resisting an application for a Specific Issue Order

Marie represented a mother resisting an application for a Specific Issue Order for the father to take very young children on holidays abroad. After a two-day hearing the application was refused and the father was told to re-apply after a minimum of three years.

Removal from jurisdiction

Marie acted for a mother in an application to remove a child from the jurisdiction to Portugal. The proceedings were going well. However, the plans were put on hold by agreement before the final hearing after the mother decided to wait and firm up practical arrangements and re-issue an application at a later date.

Acting for a father

Marie acted for a father in a case of implacable hostility, where repeated unfounded allegations were made. The father was having contact with his child, but the mother was seeking to bring it to an end – alleging harm to the child. A Guardian was appointed for the child and contact eventually progressed by agreement.

Representing a mother

Marie acted for a mother in an application for a child arrangements order that the child live with her. The father made numerous allegations about the mother’s care of the child, but, following a two-day hearing, she was successful and an order was made that the child lives with her.

Contesting contact

Marie represented a mother in a contact application made by father where there had been very serious domestic violence, which was found proved at a fact-finding hearing. The father had had no significant contact with the children as the couple had separated when the eldest child was a very young baby and before the youngest Continue reading

Transferring residence to the father

Marie initially represented a father for a contact application, but after raising a number of concerns about the mother’s care of the child and them being investigated by Children’s Services, an application to transfer residence at a contested interim hearing was successful.

Agreeing shared care arrangement

Holly represented a mother who was seeking the reinstatement of a shared care arrangement for the parties’ child. The arrangement had ceased due to the mother experiencing a breakdown in her mental health and the child had therefore spent some months in the sole care of the father. The father now sought that the child Continue reading

Supporting a vulnerable mother in court

Holly represented a mother in the father’s application for contact with the parties’ two children. The father had not seen the eldest child for some years and had never met the youngest.  The mother objected to contact on the basis that the father had subjected her to severe domestic violence during the relationship. The matter Continue reading

Securing residence on behalf of father

Holly acted for the father in a dispute over the residence of the parties’ child. She was instructed through the Direct Access scheme. The case involved an emergency application being made for the child to live with the father due to concerns over the mother’s excessive use of alcohol and, once granted, the matter proceeded Continue reading

Contact dispute involving fabricated allegations of sexual abuse

Dean acted for father applying for contact with his children. The children’s mother alleged that the father had subjected her to multiple rapes, and had sexually abused the children. A fact finding hearing, involving Dean’s expert cross-examination, concluded that the allegations were unfounded. Contact was allowed between Dean’s client and the children.

Contact dispute involving allegations of sexual abuse

Dean acted for the mother in an application by the father for contact with the parties’ children. The mother objected to contact taking place on the grounds that she alleged that the father had sexually abused the children. Dean’s client was intimidated by the domineering father and required reassurance and support. A series of adjournments Continue reading

Contact dispute involving a known sex-offender

Dean acted for the father in a contact dispute where the child’s mother was seeking unsupervised contact. The child lived with Dean’s client, who wished to deny unsupervised contact owing to the mother’s boyfriend being a convicted child sex offender. Dean’s client was successful – the mother’s application for unsupervised contact was refused and she Continue reading

Refuting allegations of neglect by a mother

Dean acted for a mother throughout proceedings in a residence dispute where the father alleged that she was neglectful and did not care for the child appropriately. Dean’s client’s counter-allegations were that the father sought to alienate the child against her, causing the child to prefer to live with the father and his male partner. Continue reading

Occupation order protecting a young mother and child

Dean acted for a young mother within proceedings relating to her children as well as in an application for an occupation order of her council property. His client had been subjected to domestic violence, and the successful outcome enabled her to remain in the property with her young child whilst her partner was forced to Continue reading

Child arrangement order

Dean appeared in the Court of Appeal in a case where the father was accused of removing the child from the care of the mother. The lower court had previously ordered that the child be returned to the care of the mother. However, the child threatened to kill herself were this to happen and ultimately Continue reading

Acting for a mother to reunite family

Edward acted for a mother whose eldest child was resident with the father .The mother had not  seen the child for two years following the parental separation. After a two-day hearing the court ordered shared care arrangements.

Acting for a father

Edward acted for a father in a case where his client had not seen his child for a protracted period. The mother had made allegations of domestic violence, drug and alcohol abuse. The court ordered that the father should be able to spend time with his child immediately and without the need for supervision.

Acting for a mother

Edward acted for a mother during three-day private law final hearing. The local authority was recommending unsupervised arrangements for the father. The mother was opposed to unsupervised arrangements without the father undertaking an anger-management programme. In spite of the local authority recommendation, the court held that father had to undertake such a programme before arrangements Continue reading

Representing a father

Clive represented a father accused of rape and serious sexual assaults. All allegations made against his client were found to be not proven and contact was re-established with the children.  

Helping a father and son retain contact

Ronald represented a father who had become frustrated and at the point of giving up having a normal relationship with his child, because of the mother’s objections at every turn. This case involved a mother who was implacably hostile towards the child spending any time with the father. At every stage of what became protracted Continue reading

Enabling a child to have overnight contact with a father

Ronald represented a father through Direct Public Access regarding a long-standing dispute over having overnight contact. His client wanted a shared care order made. In this instance, Ronald had to advise him that based on the facts of the situation, that that type of order was unlikely. Furthermore, his considered advice to his client was Continue reading

Refuting allegations of abuse by a father

Ronald represented a father in private law proceedings where the father was accused of physical and sexual abuse. The court clearly had to deal with the serious allegations first and a fact-finding hearing was conducted. The allegations were made by the young child, and were not confirmed when the child was interviewed by the police Continue reading

Jehovah’s Witness Dispute

Philip succeeded in settling by agreement a dispute between two parents of very different religious beliefs about the present and future upbringing of their child.

Shared residence

In circumstances where the children spent more time with the mother, and the mother’s case was that the father should only have a contact order, Philip was successful in obtaining an order that the children ‘live with’ both the father and the mother, ie the equivalent of the old shared residence order.

Care order for residence with a relative

Philip acted for a child’s aunt in fully contested residence proceedings. Although the courts almost always prefer the children to live with their parent, in this case he successfully obtained an order that the child live with the aunt. Even more unusually, the court was also persuaded that the mother should be subject to an Continue reading

Preventing Permanent Removal Abroad

Philip represented the mother and succeeding in opposing permanent removal, despite: the children living with the father quite serious findings against the mother the Cafcass Officer recommending that the father be given permission. After a long and complicated hearing requiring detailed knowledge of the immigration law of the receiving country as well as meticulous cross-examination Continue reading

Protecting a vulnerable mother

Philip represented a very vulnerable mother and succeeding in restricting the father’s contact to letters only because of the mother’s vulnerability and the father’s history.

Seeking permission for children to holiday abroad

Christopher acted for a mother who sought to take her children on holiday abroad, where the Father objected due to his concerns about the mother’s new partner. Christopher successfully persuaded the court that his client and children should be able to holiday with his her boyfriend.

Mother moving to USA.

Christopher acted for a mother who sought to move to the USA with her son to start a new life with her boyfriend. The Father, who shared care, resisted, but the mother’s application was allowed.

Protecting children and retaining the family home

Corey acted for the mother on an application by the father for a child arrangements order for contact. The parties had separated in acrimonious circumstances, in which the father had allegedly assaulted both Corey’s client and her older child by a previous relationship. No criminal proceedings were brought against the father by police due to Continue reading

Protecting children from father

Corey acted for the children in a case in which a private law Guardian had been appointed to represent the children’s best interests. Their father had applied for contact, which the mother opposed on the basis of his inappropriate behaviour. Under Corey’s expert cross-examination the father admitted inappropriate behaviour (particularly possessing child pornography, which had Continue reading

Complex jurisdiction case involving three countries

Corey acted for the mother of a very young child of dual nationality born in the UK to remove the child from the jurisdiction of the UK permanently. The mother was Chinese, the father Italian. The mother wanted to return to China permanently, but the father opposed her emigration with the child. The case required Continue reading

Obtaining a residence order for a father

Corey acted for a father on an application for his children to live with him (residence) on the basis of the mother’s attempts to alienate the children from him. The children had been living with the mother since the parties separated, and she had repeatedly breached orders for contact between children and father, but denied Continue reading

Parental contact involving assault

Corey acted for the mother of two children on an application by father for contact, where the father was awaiting trial in concurrent criminal proceedings for alleged serious assault against Corey’s client. With Corey’s assistance, his client opposed contact on the basis of the father’s violence. A fact-finding hearing was held to determine whether the Continue reading

Representing grandparents in Residence Proceedings

Melanie acted for grandparents seeking to look after their grandchildren when the parents attempted to leave the grandparents’ home. She successfully argued that the children should remain with the grandparents owing to the inappropriate lifestyles of the parents.

Parental alienation

Melanie acted for a father who had been denied access to his child by the mother for over one year, successfully re-establishing contact, and went on to achieve a shared residence order.

Reaching agreement on education

Kevin represented the mother in proceedings where there was a dispute between the parents as to which school the children should attend. Kevin gave advice as to what evidence should be obtained to support the mother’s case. At court, the judge considered the evidence in the case and ruled in favour of the mother. This Continue reading

Enforcing visiting rights

Kevin represented a father who wanted to see his child regularly. The mother had breached previous court orders and had stopped all visits. The mother was not legally represented and was verbally aggressive at court. At court, with Kevin’s assistance, the parents were able to agree a visiting regime which both parents were happy to Continue reading

Maintaining safe parental contact

Kevin represented a father who admitted to alcohol and substance misuse. There was a real risk that the court would rule that it would not be safe for the children to see their father. At court, the parents, through their legal representatives, we were able to agree a court order which enabled the child to Continue reading

Negotiating a shared care agreement

Represented a parent in highly charged proceedings where the parents could not agree who the child should live with. The proceedings were highly charged, with allegations and cross-allegations. Both parents had several witnesses to support their allegations and to speak for their abilities as a parent. Following negotiations, the parents agreed a shared care arrangement. Continue reading

Removal from the Jurisdiction

Mike acted for a mother and stepfather of three children in a complex case involving: applications for a Child Arrangement Order a Parental Responsibility Order to the step father discharge of Parental Responsibility for the natural father of one of the three children change of surname removal from the jurisdiction to relocate to Australia. The Continue reading

Removal from the Jurisdiction

Mike successfully acted for a mother on an application to remove two teenage sons from the jurisdiction and relocate in Australia. The case involved close analysis of relevant case law and issues relating to jurisdiction.

Adoption order for child with special needs

Mike acted for foster carers on an application for an adoption order in respect of a child with special needs. This case required Mike’s tenacity in order to obtain the best support package for his clients, with the case being adjourned several times because the local authority were not offering a sufficient financial support package. Continue reading

Supporting a father as primary carer

Sophie is regularly instructed by both mothers and fathers for a variety of applications. On this occasion, Sophie faced an unusual situation where the applicant father had given up work and become primary carer to his two young children. Following the breakdown of his relationship with the mother of the children, the father wanted to Continue reading

Resolving issues preventing a father’s contact

Sophie was recently instructed by a father at the first stage of his application for a child arrangements order. Her client had a number of criminal convictions in relation to the mother and on this basis the mother had withheld contact for approximately two years. The mother had concerns that the father had anger issues Continue reading

Resolving long-running contact proceedings

Sophie has acted for a mother in long-running proceedings, who wished to arrange contact between her child and the father.  The case turned on issues surrounding both the mother’s and father’s mental health and medical difficulties. Both parents had a history of depression and suicide attempts. Due to her experience in representing parties with mental Continue reading

Mental health issues in care arrangements

Melanie acted for the Respondent in a two-day contested final Care Arrangement hearing which included mental health issues and an additional specific issue involving expert medical evidence. The case involved Melanie’s expertise in: condensing expert medical evidence and succinctly presenting it to the court dealing with vulnerable witnesses. The Court found in favour of Melanie’s Continue reading

Contested occupation and trust property

Melanie acted for the Respondent in a three-day contested occupation hearing which also involved the issue of trust property and the evidence of several witnesses. This case required Melanie’s expertise in: knowledge of the law cross-examination skills. The Court found in favour of the Melanie’s client in respect of the occupation issue.

Contested final care arrangement

Melanie acted for the Respondent in a complex contested five-day final Care Arrangement hearing which included expert evidence and evidence from a considerable number of other witnesses. This case involved skills in: identifying and focusing on the relevant issues cross examination of the experts and other witnesses. The Court adopted the approach that Melanie put Continue reading

Helping a Father maintain unsupervised contact

John represented a Father who was being denied any contact by his child’s mother, and successfully negotiated extensive and unsupervised contact on behalf of his client. This case involved John’s particular skills in: managing client expectations negotiating between warring parties.

Preventing a father from direct contact

On behalf of the respondent mother in a private law children case, John persuaded the court that there should be no direct contact between father and child, despite CAFCASS recommendations being in favour of such contact. This case required John to: cross examine expert witnesses at length apply existing case law to the case at Continue reading

Dealing with implacable hostility

Sandria represented a father who wished to extend the currently minimal contact allowed with his child. The mother had been extremely hostile, to the extent of attacking Sandria’s client and his new partner, as well as making (unfounded) accusations against him. Sandria’s approach to the case has been to encourage her client to see the Continue reading

Child Arrangements Order

Sandria represented a mother who has experienced mental health, drug and alcohol abuse issues. When unable to cope with looking after her child, Sandria’s client had voluntarily and temporarily placed the child with the father. Despite improvements, the father was now refusing to allow the child to return to the mother’s care. Sandria’s particular approach Continue reading

Protecting a mother and young child from violence

Sandria acted for a mother who was separated from the father of their young child. The father had been violent during their relationship, and Sandra’s client was nervous that he was now seeking contact with his child. Sandria supported her client through the fact-finding, and was able to help her put her case effectively, even Continue reading

Internal relocation

The father had asked the Court to make an order preventing Louisa’s client from moving within the UK with the children. His case was that the mother’s motivation for making the move was to interfere with his contact with his children. As a result of Louisa’s representation the Judge agreed that the move could go Continue reading

Hague Convention proceedings

Holly represented a Father in the High Court in contested proceedings under the Hague Convention, in which the Mother was seeking the return of her child to Eastern Europe from the UK. Experience in this type of case is relatively unusual to barristers based in Kent. Holly’s client sought to oppose the child’s return on Continue reading

Resolving issues involving children’s residence

Holly represented a mother who applied to remove her two children from England to live permanently in the USA. The father opposed the application and sought that the children reside with him in the UK. After a two-day trial Holly’s client was successful in her application and the mother was granted permission to remove the Continue reading

Representing a parent in a complex case

Holly acted for a mother in proceedings brought by her former partner, who was alleging that the mother was implacably hostile towards him, was refusing pre-agreed contact and was alienating the child. Holly’s particular role in this case involved supporting the solicitor in managing their client, who had initially agreed contact but subsequently refused to Continue reading