2024
Represented the mother in an international contact dispute following her removal of the child from the United States. The court accepted that separation from the mother would cause profound emotional damage and postponed U.S. contact until at least 2028, with substantial safeguards. Read more at the Transparency Project.
Hannah Summers & Anor v Kristoffer Paul Arthur White &Ors [2024] EWFC 182 and W v J [2024]EWFC 351 (B)
Represented the mother in a successful appeal against a child arrangements order made despite findings of rape and coercive control against the father, with the court identifying serious procedural failings including an inadequate PD12J risk assessment. Following the appeal, the mother supported two journalist’s applications securing publication of the father’s identity as a convicted serial rapist, overcoming opposition from both the father and Cafcass. Read in the Guardian 14/09/2024, TBIJ 31/08/2024, the Guardian 17/07/2024 and TBIJ 16/07/2024.
Appeared for the mother in a successful appeal against the instruction of a male psychologist, arguing she could not properly engage as a victim of male violence and had been denied participation measures; appeal was allowed. Previously secured the recusal of Sir Jonathan Cohen, partly due to his membership of the all-male Garrick Club, giving rise to a perception of gender-based bias. Read morein London Evening Standard, Independent, the Guardian and the Daily Mail.
Re GB (Parental Alienation: Welfare) [2024] EWFC 168 (B), Re GB (Parental Alienation: Factual Findings) [2024] EWFC 75 (B) and GB (Part 25 Application: Parental Alienation) [2023] EWFC 150
Successfully represented a mother in an appeal against the instruction of a psychologist focused on parental alienation; the expert instruction was set aside. Read more in the Guardian. At a fact-finding hearing, the court found the father had used claims of parental alienation, as DARVO (deny, attack and reverse the role of victim and offender), and the court ordered that the father pay £50,445.40 towards the mother’s costs.
This was the first judgment defining DARVO. Read more in TBIJ and the Guardian. Final orders included no direct contact, a section 91(14) order, restrictions on parental responsibility, and permission for the children to change their surnames.
Successfully appealed the appointment of a psychologist in a case involving findings of domestic abuse, where the proposed expert’s primary focus was parental alienation. The instruction was set aside.
​Appeared for the mother in a successful appeal against the father having unsupervised child contact. The appeal raised failures to consider the need for participation directions, a fact-finding hearing and the proper application of PD12J. The order was set aside. Read more in Barrister Magazine.
Represented the mother in care proceedings connected to a suspected illegal abortion police investigation. The mother supported the media’s application to report the proceedings so that she could tell her story. The case engaged important issues of transparency in the family court. Read more at Tortoise Media and listen to the podcast.
Acted for the mother in Hague Convention proceedings brought by the father for the child’s return to Italy. The mother successfully established an Article 13(b) defence. The court accepted that she was a victim of domestic abuse, including coercive and controlling behaviour, and dismissed the father’s application for summary return of the child. Read more at Hague Mothers.
2023
Represented the mother in a fact-finding hearing in the High Court. The father abandoned his allegations of parental alienation during cross-examination. The judgment also contains detailed findings on the parties’ conduct and behaviour.
Appeared for the wife in an appeal against refusal to set aside a financial remedies order based on lack of capacity and the absence of participation directions. The judgment reviews the distinction between setting aside and appealing, and the effect of mental illness on capacity. Read more in Financial Remedies Journal.
Represented the mother in a High Court appeal involving allegations of sexual coercion and submission within marriage. The case raised broader issues about how family courts assess sexual abuse in a religious marriage. Although the appeal was dismissed, the appellate court criticised aspects of the trial judge’s language.
Re Z (Disclosure to Social Work England: Costs) [2023] EWHC 982 (Fam), Re Z (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) and A (Domestic abuse: incorrect principles applied) [2021] EWFC B30
​Successfully appealed a flawed fact-finding decision, with the case remitted for retrial where findings of domestic abuse were secured. Also acted in a successful appeal permitting disclosure of those findings to Social Work England, as the father was a social worker. The judgment provided guidance on disclosure to regulators. Subsequently secured a costs order against the regulator, whose conduct was found to be unreasonable. Read more in the Guardian, Local Government Lawyer, the Justice Gap and the Independent.
A v B & Anor [2023] EWCA Civ 360 (07 March 2023), A & Anor v B & Ors [2022] EWHC 3089 (Fam) and B v A [2022] EWFC 177 (Fam)
​​Acted for the mother in B v A at fact-finding involving allegations of rape and non-fatal strangulation, and pursued an appeal following concerning judicial comments about the mother’s ‘intelligence.’ Read more in the Daily Mail, the Independent and London Evening Standard. Also represented two respondent mothers in linked High Court appeals on the definition of rape and consent, where oneappeal succeeded. In the related Court of Appeal case, the appeal was dismissed but the judgment remains an important authority on rape, consent and sexual history evidence.
Instructed by Rights of Women on behalf of Latin American Women’s Aid, Women’s Aid and Refuge in a guidance case before the President on the safe service of documents for women in refuges. The judgment provided early guidance on protecting addresses and included one of the first definitions of intersectionality in this context. Read in the Law Society Gazette.
Represented the mother in a successful appeal setting aside a child arrangements order made by consent. Findings of rape and domestic abuse had already been made, yet there were no participation directions at the later hearing and she was encouraged to negotiate directly with the proven perpetrator. The order was set aside.
​Successfully appealed a fact-finding decision where abuse allegations were not proved, due to failures to comply with duties to protect vulnerable parties and implement participation measures. The judgment provides clear guidance in this area.
2022
Re P (Inherent Jurisdiction Return: Return Order: Welfare Analysis) [2023] EWHC 225 (Fam) and Re P (Inherent Jurisdiction Return: Allegations of Female Genital Mutilation and Domestic Abuse: Fact Finding) Neutral Citation Number [2022] EWHC 1722 (Fam)
​Acted for a mother alleging risk of FGM on return to Nigeria, alongside allegations of abuse. The High Court found controlling behaviour. At final hearing, the child was ordered to return to Nigeria subject to conditions. The mother and the child had applied for asylum in the UK.
Successfully represented the mother on an application to stay a child contact order with the father pending determination of her appeal. The underlying appeal concerned a fact-finding decision in which none of her allegations had been proved. Stay ordered.
Represented the mother in a High Court appeal involving allegations of sexual coercion and submission within marriage. The case raised broader issues about how family courts assess sexual abuse in a religious marriage. Although the appeal was dismissed, the appellate court criticised aspects of the trial judge’s language.
Represented a victim of child marriage, FGM and domestic abuse in public law proceedings involving an extreme religious sect abroad. Serious findings of abuse were made. The case was unusual in that a special advocate was appointed to assist the court with sensitive disclosure issues. Read more in the Independent and Belfast Telegraph.
Appeared for the mother in an appeal brought by the Metropolitan Police. The Court of Appeal held that an injunction under the inherent jurisdiction had unlawfully interfered with a police investigation, clarifying the limits of family court intervention. Read more in the Guardian.
M (A Child: Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986 (Fam) and M (A Child) [2021] EWHC 3225 (Fam)
Represented the mother in a successful High Court appeal concerning failures to implement participation directions and properly consider ‘sexual history’ evidence in a rape and abuse case. The High Court gave first-time guidance on the admissibility of sexual images and videos and directed that the mother be referred to as a ‘prostituted woman’ not ‘sex worker’ to reflect coercion.
Appeared for the wife at a final hearing in financial remedy proceedings, challenging a post-nuptial agreement on the basis of alleged coercive control by her husband, a part-time judge and barrister; the allegations were not upheld. Read more in Financial Remedies Journal, the Times and the Daily Mail.
Successfully represented the mother in an appeal against a fact-finding judgment. The appellate court held that the trial judge had minimised domestic abuse and failed to apply the law correctly. Permission to appeal was granted and the appeal succeeded. Read more in the Independent.
2021
Appeared for two of the four appellant mothers in this Court of Appeal guidance case on rape, domestic abuse and coercive control. Read more in the Guardian 19/01/2021, the Guardian 31/03/2021 and the Justice Gap. Also acted for a mother in B-B on rehearing, securing findings of rape, sexual and verbal abuse, with the judgment recognising gaslighting as a form of abuse. Read more in the Independent.
Represented Florence, aged 15, securing an order to live primarily with her mother after an earlier transfer of residence to her father based on parental alienation, which she described as traumatising. Believed to be one of the first cases where a child successfully applied to return to her mother following such a transfer. Listen to Florence on the Tortoise Media podcast or read her story in the TBIJ.
Successfully represented the mother in opposing the father’s attempt to begin private law children proceedings in England and Wales.
Appeared for the mother in a successful appeal overturning a fact-finding decision in which no findings had been made on rape and abuse. The appellate court criticised the minimisation of abusive conduct and emphasised the duty to ensure participation measures are in force for vulnerable parties. Read more in the Independent.
Acted for the mother in child return proceedings from India, where the court refused to invoke parens patriae and clarified its limits, now a leading authority. Also appeared before the CJEU, which confirmed that Article 10 of Brussels IIa does not apply to third states such as India.
Represented the mother in a successful High Court appeal concerning failures to implement participation directions and properly consider ‘sexual history’ evidence in a rape and abuse case. The High Court gave first-time guidance on the admissibility of sexual images and videos and directed that the mother be referred to as a ‘prostituted woman’ not ‘sex worker’ to reflect coercion.
Represented the mother in care and placement proceedings involving serious allegations of domestic abuse, neglect and non-accidental injury. The court made care and placement orders in respect of three children.
2020-2017
Represented family members applying to revoke care, placement and adoption orders. The case concerned whether relatives had been adequately assessed before final orders were made. It engaged the high threshold for setting aside adoption-related orders.
C (A Child: Parental Order & Child Arrangements Order) [2020] EWHC 2474 (Fam) and C (A Child: Parental Order & Child Arrangements Order) [2020] EWHC 2141 (Fam)
Appeared for the local authority in unusual surrogacy proceedings. A child had been born through a surrogacy arrangement and the wife had then arranged a further surrogacy without the husband’s knowledge or consent.
Represented the mother in an application for an FGM Protection Order involving risk in Nigeria, highlighting the intersection of family protection and insecure immigration status.
Re A (A child) (Female Genital Mutilation Protection Order Application) (Rev 1) [2020] EWHC 323, Re A (A Child) (Rev 1) [2020] EWCA Civ 731 and Re A (A Child: Female Genital Mutilation: Asylum) [2019] EWHC 2475
The court held that the family court could not prevent removal by the Home Secretary but must still assess FGM risk, providing guidance on the overlap with asylum law. At final hearing, it found a significant risk of FGM if the child were returned to Bahrain or Sudan and extended the FGMPO. Read more in the Guardian 10/07/2020 and the Guardian 03/07/2020.
Represented the mother in proceedings on a child’s travel to Egypt amid alleged FGM risk; the court permitted a short trip and gave guidance on relevant factors. Read more in Local Government Lawyer.
Successfully appealed a child arrangements order where contact provisions had been wrongly placed in recitals rather than the operative order.
Appeared for parents of a child at risk of FGM abroad; the court held that FGM Protection Order applications should generally follow exhaustion of immigration appeals, giving key case management guidance. Read more in Counsel.
Represented private foster carers in public law fact-finding proceedings, securing findings of abandonment and breaches of private fostering duties by the local authority, with guidance on its responsibilities.
Acted for the appellant in a nullity appeal based on polygamy, addressing overseas marriage validity, proof of marriage and expert evidence; a notable decision in international family law.
Appeared in a Privy Council appeal concerning personal injury allegedly caused by hydrocarbon fumes from an oil well; the appeal succeeded and the Court of Appeal’s decision was set aside.