David Josty

David Josty is a specialist family law practitioner with expertise in children law (public and private), family finance and Court of Protection. He has a particularly busy practice in the area of children law (public).

Notably acting on a pro bono basis, David recently successfully represented the Appellant father in the matter of Re Y (Children in Care: Change of Nationality) [2020] EWCA Civ 1038 (see below).

David has also developed an interest in the Court of Protection.

David has acted in a broad range of public law cases on behalf of Local Authorities, lay parties (including parents, other relatives / intervenors) and children. Cases with which David has had considerable experience include those involving allegations of physical and sexual abuse, non-accidental injury, domestic violence, murder, neglect and substance misuse. David has a significant portfolio of cases in which he has acted for vulnerable parties with learning disabilities and / or mental health problems and also where the subject children share such presentation.  David’s experience extends to cases involving the Official Solicitor.

Selected cases: 

Wiltshire Council v M & Anor (gonorhheal infection in a child) [2021] EWFC B31 Re Y (Children in Care: Change of Nationality) [2020] EWCA Civ 1038  Kent County Council v A,B,C and D (Children : Weight to be attached to evidence of child after flawed ABE interviews) (Rev 1) [2017] EWFC B72 (01 March 2017) SM & Ors (Welfare) [2016] EWFC 15 (22 March 2016) Wiltshire Council v R & Ors [2014] EWFC B76 (30 April 2014)

David is regularly instructed in complex children law matters involving child arrangement disputes, relocation cases (both internal and international) and change of name. He has experience of representing parties in proceedings involving parental alienation and where there are allegations of serious physical, emotional and/or sexual abuse.  He has considerable experience in finding of fact hearings and his practice in private law work has led to an increasing number of appearances in the High Court.

David has developed a practice around his interest in applications under Schedule 1 of the Children Act 1989 and TOLATA.  David also receives instruction in matrimonial finance matters. His experience in this area extends to cases involving businesses, foreign assets, pensions and intervening third party interests.

 

St Julian’s Comprehensive School, Newport, South Wales; Kingston University, second year exchange with Grand Valley State University, Michigan, USA (1994 BSc (Hons) Biomedical Science); King’s College London (1995 MSc Forensic Science); College of Law (2001 Dip Law (PGDL)); Cardiff University (2002 Dip Law (BVC)).