Atlantic Chambers

Year of Call 1986

Throughout his career Gareth has had an interest in all aspects of family work, but in recent years this has become his main area of practice. As a former member of Parliament [see general profile] he helped pass the Human Rights Act 1998, which plays a key role in the work of the Family Court. He was a member of the powerful Parliamentary Joint Human Rights Committee. Although the welfare of the child is paramount, he believes respect for family life and the need for a fair hearing are fundamental human rights, which always need to be reflected by the Courts.

He considers it crucial to develop a trusting relationship with his clients, to take time to understand their cases fully and to prepare thoroughly. He understands that many clients involved in family litigation feel very emotional and anxious, and have to recount difficult experiences. He knows empathy and patience are required by the advocate.

Many of his clients are vulnerable and need to have the opportunity to understand and fully participate in the proceedings. He is familiar with cases involving the need for interpreters and intermediaries. He will give realistic advice but will always fight hard for the best possible outcome for his clients.

Gareth has a particular interest and extensive experience in financial remedy work which he has undertaken throughout his career at the Bar.

This includes:

Applications under the Matrimonial Causes Act 1973 for orders including: transfer of property, lump sum orders, maintenance orders and pension sharing orders. Applications under Schedule 1 of the Children Act 1989 for maintenance in respect of children Applications under the Trusts of Land and Appointment of Trustees Act 1996 in respect of unmarried couples.

He will work with instructing solicitors and the client to get the fairest and most cost effective outcome. He will fight cases to final hearing without hesitation, where negotiation has failed to produce a fair settlement.

He is particularly aware of the need to have full disclosure of all assets and income in these cases.

Children cases

Cases where Local Authorities are seeking care or supervision orders

He represents parents, grandparents, local authorities, interveners, and children through their Guardian in public law proceedings.These are cases involving serious allegations of non accidental injury, physical and emotional abuse and neglect.He is an effective cross examiner able to draw on his experience in criminal law and other areas of law.He is very experienced in dealing with contested medical evidence and the cross examination of expert witnesses.He has represented the Police in the Family Court where issues concerning disclosure and Public Interest Immunity arise.

Private Law ( disputes between parents and family members concerning children)Gareth represents parents as well as children through their 16.4 guardian in a wide range of disputes including-

Contact and with whom a child should live Whether there should be a “shared care” or live with order. Specific issue orders Prohibited steps applications Disputes over relocation of children out of the jurisdiction or within UK Disputes over the exercise of Parental Responsibility including change of name, education and medical treatment.

Many of these cases involve a history of mistrust and hostility and require sensitive but robust handling.Gareth acknowledges that there is often scope for constructive negotiation, but will not hesitate to fight cases to achieve the best outcome for his clients.

Disputes between parents and family members concerning children

Gareth represents parents as well as children through their 16.4 guardian in a wide range of disputes including-– Contact and with whom a child should live– Whether there should be a “shared care” or live with order.– Specific issue orders– Prohibited steps applications– Disputes over re location of children out of the jurisdiction or within UK– Disputes over the exercise of Parental Responsibility including change of name, education and medical treatment.Many of these cases involve a history of mistrust and hostility and require sensitive but robust handling.Gareth acknowledges that there is often scope for constructive negotiation, but will not hesitate to fight cases to achieve the best outcome for his clients.

Financial Remedy Work

Gareth has a particular interest and extensive experience in financial remedy work which he has undertaken throughout his career at the Bar.

This includes-– Applications under the Matrimonial Causes Act 1973 for orders including: transfer of property, lump sum orders, maintenance orders and pension sharing orders.– Applications under Schedule 1 of the Children Act 1989 for maintenance in respect of children– Applications under the Trusts of Land and Appointment of Trustees Act 1996 in respect of unmarried couples.He will work with instructing solicitors and the client to get the fairest and most cost effective outcome. He will fight cases to final hearing without hesitation, where negotiation has failed to produce a fair settlement.He is particularly aware of the need to have full disclosure of all assets and income in these cases.

A recent commendation from solicitors-“Gareth picked up a brief on a 2 year financial case, for a contested hearing the day before! …but he dug into the whole case and identified the salient issues and ran with it…thanks to his expert questioning…he showed to the Court that the other side was untruthful and…got an outstanding result”

Domestic Abuse

Gareth has considerable experience in-

– applications for non molestation injunctions and occupation orders under the Family Law Act 1996.– Cases involving physical and mental abuse and coercive control.– Stalking and harassment cases

Gareth is very aware that domestic abuse takes many forms and is often not reported. These cases require sensitive handling and empathy, and Gareth will not hesitate to fight cases, where allegations are contested and where the client needs the protection of the Court.He is also aware that those against whom false allegations are made, must have the opportunity to strongly challenge those allegations.He has recently presented a seminar on domestic abuse and occupation orders and the new Domestic Abuse Act.

Welsh

Family Law Bar Association

Personal Injury Bar Association

LLB Hons Aberystwyth University

Council of Legal Education