No5 Barristers' Chambers

Family

Adoption Care & Supervision Child Abduction Child Arrangement Divorce Family Family Finance & Property Financial Provision Forced Marriage Molestation & Occupation Property Co-Ownership Relocation Internal and Abroad Wills, Trusts & Estates

Geraldine is a specialist family practitioner who has over 30 years experience dealing with all aspects of family work. She is known not only for professional standards but also her ability to listen with compassion and to work with clients including those who are vulnerable and have special difficulties and challenges.

Geraldine has in-depth experience representing parties in complex public law cases which include fabricated illness, sexual abuse (including multi-generational abuse)  violence, disputed medical and psychiatric evidence as well as chronic neglect. She regularly appears in cases with a foreign element.

Geraldine is known for a variety of cases relating to disputed medical treatment of children where parents have not been able to agree a course of action or where medical views differ from those of the parents. She is known for the detail of her preparation and ability to work with clients both lay and professional to achieve best outcomes in challenging circumstances.

Geraldine has an impressive track record of success in the Court of Appeal dealing with cases that have addressed fundamental issues relating to Child Abduction (Hague and non Hague), relocation both internal and international, European enforcement including Brussels II and placements abroad.

Geraldine is also experienced in cases relating to family finance following relationship breakdown including married couples, unmarried co-habitants and provision for children. Geraldine is available to assist with mediation and other forms of dispute resolution.

In addition to her work in the area of children and relationship breakdown Geraldine is committed to the human rights issues that arise in the family context including claims for damages.

Geraldine is known as an experienced advocacy trainer including the training of psychiatrists and social workers and guardians in how to provide evidence effectively.   Geraldine participates in 33 Bedford Rows Annual Family Law Update lectures and is a keen member of the Family Law Practice Team.

A selection of Geraldine’s reported cases gives an indication of the depth and breadth of her professional experience. For a more comprehensive list see “Notable cases”.

NIB v TS &ES [2016] EWHC 3213 (Fam)

Application to discharge wardship when child found to have been wrongfully removed from jurisdiction had lived in Egypt for five years

PH v AH [2016] EWHC 1131 (Fam)

Circumstances in which oral examination of a CAFCASS officer in a final Hague Convention hearing may be dispensed with

MD v CT [2014] EWHC 871 (Fam)

Acted for appellant mother against registration and enforcement of a French order granting sole residence to father.  First case on consideration of the effect of Article 23(c), Brussels II a when French service complied with Annex II  and a certificate had been granted but actual service had not been effected.  Appeal allowed.

X v Y & Z Police Force,  A, B and C [2013] 1 FLR 1277

Police joined as parties in child abduction case where client was an undercover police officer.

Re S (A Child) [2012] UKSC 10

Further consideration of Art 13(b) of the Hague Convention 1980 in case where client resisting return of a toddler to Australia and had a pre-existing anxiety condition and applicant had admitted domestic abuse.

Re W [2012] 2 FLR 133

First case where successive orders for committal were made against abducting father.  Acted for mother whose three year old daughter was abducted to father’s family in Pakistan.  Child eventually returned to Mother’s care.

Direct Access

Geraldine is accredited to accept work under Direct access, also known as Public access, in suitable cases.

Notable Cases

Geraldine’s reported cases include:

NIB v TS & ES [2016] EWHC 3213 (Fam)

Application to discharge wardship when child found to have been wrongfully removed from jurisdiction had lived in Egypt for five years

PH v AH [2016] EWHC 1131 (Fam)

Circumstances in which oral examination of a CAFCASS officer in a final Hague Convention hearing may be dispensed with

MD v CT [2014] EWHC 871 (Fam)

Acted for appellant mother against registration and enforcement of a French order granting sole residence to father.  First case on consideration of the effect of Article 23(c), Brussels II a when French service rules complied with Annex II certificated granted but actual service had not been effected.  Appeal allowed.

X v Y & Z Police Force,  A, B and C [2013] 1 FLR 1277

Police joined as parties in child abduction case where client was an undercover police officer.

Re S (A Child) [2012] UKSC 10

Further consideration of Art 13(b) of the Hague Convention 1980 in case where client resisting return of a toddler to Australia and had a pre-existing anxiety condition and applicant had admitted domestic abuse.

Re W [2012] 2 FLR 133

First case where successive orders for committal were made against abducting father.  Acted for mother whose three year old daughter was abducted to father’s family in Pakistan.  The daughter was finally returned to the Mother’s care.

Re D (Abduction: Child’s Objections) [2012] 2 FLR 266 CA

Consideration by Court of Appeal of its discretion to return when child’s objections defence is made out.

DT v LBT (Abduction: Domestic Abuse [2011] 1 FLR 1215

Junior Counsel in case where client raised Art 13(b) defences to Hague Convention return order.  Unusually evidence was heard at length and court made findings in respect of serious and sustained domestic abuse including sexual violence.  Consideration of ECJ decision of Neulinger in respect of Art 13(b) and compliance with Article 8 of the Human Rights Act 1998.

Re B (Care Proceedings:  Withdrawal [2010] AllER (D) 190

Acted for Local Authority  in case of child with severe physical disabilities.  Parents would not agree recommended radical treatment plan resulting in treating hospital referring case to Local Authority.  At final hearing hospital indicated it would not seek court authority for recommended treatment if parents did not agree.  Care proceedings withdrawn.

Other Reported Cases include:

Camden LBC v Goldenberg [1997] 1FLR 556 Court of Appeal

Re E (Child Abduction: Non Convention Country) [1999] 2 FLR 642 CA

Re RC and BC (Child Abduction) (Brussels II Revised:  Art 11(7) 2009 1 FLR 574

Family Law Bar Association  (FLBR)

Association of Lawyers for Children

LLB (Hons) University College,  London

Inns of Court School of Law