Harcourt - Family Law

In honour of International Women’s Day 2025, Martina Mikic and Freya Davies, of LexisNexis UK, invited Anna Yarde to take part in their YouTube video Recognising Women at the Bar this International Women’s Day 2025. Anna and Freya discuss the position of women at the Bar and reflect on the qualities needed to be a successful barrister in the modern era.

𝗥𝗲𝗽𝗼𝗿𝘁𝗲𝗱 𝗖𝗮𝘀𝗲: Judgment in S v F and M [2025] EWHC 439 (Fam), a case attracting widespread media attention has been handed down. The case concerned a 13-year-old boy (now 14), ‘S’ born in the UK. In March 2024, he was taken to the Republic of Ghana by his parents. The parents and S each held both Ghanaian and British nationality.  In September 2024, S applied through his solicitor to make himself a ward of the High Court and for an order that he be returned to the jurisdiction of England and Wales. The case concerned an examination of whether the parents’ decision to remove S to Ghana was within the ambit of their parental decision making, in circumstances where the parents alleged that S was at risk of peripheral involvement with gang culture. Mr Justice Hayden ruled that “the decision falls within what I regard as the generous ambit of parental decision-making, in which the State has no dominion.” Deirdre Fottrell KC represented the young person, S, leading Andrew Powell on 18 February 2025, and Prof Rob George (Harcourt - Family Law) on 26 -27 November 2024, instructed by James Netto of The International Family Law Group LLP. Rebecca Foulkes represented the father, instructed by Forum Shah from Dawson Cornwell.   Read the judgment and view the press coverage below: 𝗝𝘂𝗱𝗴𝗺𝗲𝗻𝘁: https://lnkd.in/eW-xfAWm 𝗡𝗲𝘄 𝗬𝗼𝗿𝗸 𝗧𝗶𝗺𝗲𝘀: https://lnkd.in/e5Y68XsJ 𝗕𝗕𝗖: https://lnkd.in/eY_en53k 𝗧𝗵𝗲 𝗧𝗶𝗺𝗲𝘀: https://lnkd.in/eAZ2jPmp #FamilyLaw #ChildrenLaw

Vardags secures the first successful appeal against the registration of a child maintenance order under The Hague Child Support Convention 2007⚖️ Here's what happened: • The parties had two children, who were both born and raised in England. • Following the parties' separation in 2014, the mother unlawfully removed the children to Poland in 2021. • Our client, the father, sought their return under the 1980 Hague Convention. • However, the Polish Court of Appeal dismissed the application for the children's return. • The mother then sought an order from the Polish court to terminate the father's parental responsibility without notice, as well as an order for child maintenance. • The father appealed the mother's registration for reciprocal enforcement of the child maintenance order. • Under the 2007 Hague Convention, the father's appeal was upheld. Our Head of Children, Caroline Korah, represented the father in this case. She was supported by Assistant Solicitor Imogen Fallon and instructed Edward Bennett of Harcourt - Family Law. Well done to our brilliant Children Team, and thank you to Edward Bennett for his fantastic work! Read more below👇 #familylaw #childmaintenance #childrenlaw

Oliver Wraight, instructed by Harveena Sohanpal of SBS Solicitors, acted on behalf of the Third Respondent by her Children’s Guardian in Buckinghamshire Council v Mother & Ors [2024] EWFC 338 (B); care proceedings concerning child whose mother suffers from Paranoid Schizophrenia. The court evaluated the child’s welfare, considering the mother’s mental health challenges and her implacable hostility towards the father, together with the father’s history, including previous findings of serious domestic abuse. The father had initially denied these allegations but later acknowledged them and took steps to mitigate the associated risks. After thorough assessment, the court determined that it was in the child’s best interests to reside with the father, with supervised contact arrangements for the mother and a raft of supplemental orders against the mother to avoid disruption to the placement. https://lnkd.in/eQiiFyjG

Edward Devereux KC, Rob George and Edward Bennett in Re K (Children) – an important case concerning immigration and family law, and children crossing the channel on small boats. In Re K (Children) (Application for return orders: Concurrent asylum claims) [2025] EWHC 450 (Fam) and Re K (Children) (No 2) (Application for return orders: best interests decisions) [2025] EWHC 451 (Fam), the High Court held that:  (a) the family court has the power to implement a return of children with extant protection claims to safe third states; and (b) previous Supreme Court authority to the contrary need not be followed on account of the shift in legal landscape since it was handed down.  A family of four sought to travel to England through France utilising people smugglers and small boats. However, the children, aged 6 and 9, became separated from their parents such that they undertook the journey across the channel alone, whilst the parents remained in France. The parents did not seek the return of the children to France. They sought leave to enter the UK, and the children were deemed to have made asylum applications. The children’s circumstances raised concerns at the highest political levels in England and France about the risks of children being subjected, by people smugglers and parents, to perilous channel crossings alone if it was believed that sending them to England alone was a route to families securing entry to the UK. The Local Authority considered it was imperative to reunite the children with their parents and ultimately concluded that this was best achieved through returning the children to France. The Local Authority issued proceedings in the Family Division to secure orders to that effect. The Supreme Court in G v G [2021] UKSC 9 prohibited the implementation of a return order to any state pending the resolution of a child’s asylum claim. In Re K, the High Court held that the Supreme Court’s decision was based on legislation that no longer applies, such that the bar on a return to a safe third state has now been removed. Edward Devereux KC and Edward Bennett appeared for the applicant local authority, Kent County Council. Professor Rob George appeared with others for the Secretary of State for the Home Department, led by Sir James Eadie KC. https://lnkd.in/erVkzFuf https://lnkd.in/e_EAeQ_m

Our thanks to YRes Buckinghamshire & Berkshire, Juliet Gordon of Blanchard Law and the committee, and to Boyes Turner for hosting members of our ADR team; Fiona Hay, Cecilia Barrett and Adam Kayani, who presented a mock private FDR. It was an informative and enjoyable evening which provided valuable insights into the private FDR process. For more information regarding Harcourt - Family Law's ADR team please visit; www.harcourtchambers.co.uk or contact the clerks on 0207 353 6961.

BIG Thank you to everyone who attended our Mock Private FDR in collaboration with Harcourt - Family Law last night! Thank you to counsel, Fiona Hay, Adam Kayani and @Cecilia Barrett for putting on an insightful and informative demonstration into Private FDRs, its advantages and how it can help those going through financial remedy settlements. We look forward to seeing you at future events, and as noted we have our next ▶️save the dates◀️: 📅 26 March, 4pm - Webinar with BlueSky on Cashflow Modelling in Divorce 📅 08 May - Family Law Day hosted by Oxford and Bucks & Berks Resolution 📅 29 May - Sip & Paint Social #YRes #networking #FDR

A brilliant evening organised by YRes Buckinghamshire & Berkshire observing a mock private FDR followed by a fascinating Q&A with members of Harcourt - Family Law chambers covering topics from addbacks to the effectiveness of private FDRs. As a junior lawyer, events like these are hugely important to gain exposure to and understand the intricacies of private hearings. Whilst private FDRs are increasing in popularity, it isn’t all that common to attend one as a junior. This was a wonderful opportunity to gain an insight into how such hearings are structured and understand how a judge balances the positions of both parties in order to deliver their indications. #familylaw #privateFDR

Fiona Hay talks to Claire Colbert on a guest blog with Family Mediation and Mentoring on how Early Neutral Evaluation can work with Mediation in family law matters. To read the full blog, click the link below. #familylaw #earlyneutralevaluation #mediation #arbitration #ADR #HarcourtChambers https://lnkd.in/en7BFY-F

What a great conference to attend for all those practicing in the field of children law. The panel discussion with Mavis Amonoo-Acquah will be very interesting, we are sure. #familylaw #childrenlaw #HarcourtChambers