The 36 Group

36 Family

Kelly practises in Private Children Act and International Children Act cases. Kelly also practises in Abduction cases. Kelly has been recognised in cases for her meticulous approach to both advocacy and Written documents. Kelly was commended by a High Court Judge in an International Relocation case for her conduct in a case (she was instructed hours before the hearing commenced and was able to conduct the case meticulously and to a high standard).

Kelly practises at a high level in Private Law Children cases. She has become a specialist in the last 3 years in parental alienation and high conflict cases and has given lectures in this area throughout the country. These cases require robust advocacy with a focus on ensuring a parent has a direct consistent relationship with their child often after months/years of another parent refusing contact. Kelly has had numerous cases of allegations made by children against a parent and is extremely able to forensically examine the issues in these complex cases.

Kelly has repeatedly secured a long term Order for Shared Care in cases where previous Orders have been flouted and a parent previously reduced to only indirect contact.

Kelly regularly practises in International Children Act cases where one Party seeks to relocate to Hague and Non Hague countries or to Return to this Jurisdiction.

Further Kelly practises in Abduction cases and recently persuaded a court in an abduction case not to Order Summary Return on the basis of Welfare of the children.

Kelly initially practised in Criminal Law particularly sex crimes cases. Kelly also practised in complex Public Law proceedings for many years with detailed medical evidence and where Fact Finding Hearings were required.  These years of advocacy experience Kelly now brings to Private and International cases meaning her ability to cross examine the other side or draft persuasive Written Submissions are of the highest standard.

Kelly recently gave a lecture on Parental Alienation which was described as “excellent” in terms of what should be expected when instructed in a case : the identification and resolution by the advocate.

"Kelly Webb's down-to-earth, sensible approach ensures even the most difficult cases run smoothly. A spirited advocate who fights tirelessly for the right outcome, she is known for her perceptiveness around welfare issues."

Chambers and Partners 2023

""Kelly Webb's down-to-earth, sensible approach ensures even the most difficult cases run smoothly. A spirited advocate who fights tirelessly for the right outcome, she is known for her perceptiveness around welfare issues.""

Chambers and Partners 2022

""She will fight tooth and nail to get to where things need to be.""

Chambers and Partners 2022

"Is calm, considered and empathetic but equally robust when required. Clients trust her and know that in very difficult circumstances, she is on their side."

Legal 500 - 2021

"Excellent at thinking on her feet and handling clients in difficult situations."

Legal 500 2020

"Fights a case like it is her own"

Legal 500, 2018

Notable Cases

Jv HvOrs [2022] EWHC 862 (Fam)  REPORTED

Application under the Child Abduction and Custody Act 1985 for an order pursuant to Article 12 of Hague Convention directing the summary return of five children, aged between 14 and 7, to Germany. Application made by Mother who remained in Germany with the two younger children. GAL supported the Application and Local Authority. Opposed by the father until Day 1 of the Hearing. The father removed the children from Germany in July 2021. On arrival the father claimed asylum, naming the children as dependants. The asylum claims sought not to return to Iraq. The children had arrived by channel crossing.

LA v Parents

Case involved two parents from Pakistan. M was in this Jurisdiction and represented by OS as lacked capacity. F was resident in Pakistan. LA sought transfer of proceedings to Pakistan supported by parents. Kelly argued for the children that there was no effective current Protocol with Pakistan, children habitually resident here and welfare mitigated against transfer. Section 9 Judge highlighted no effective Protocol Transfer Application withdrawn

F v M 

Relocation to Australia: M had made a second Application to relocate the Parties 7 year old son to Australia. First Application unsuccessful. Second Application Section 7 Report supported Relocation. F was extremely distressed at prospect his child would move to Australia. Kelly successfully persuaded the court to adjourn the case producing a forensic Position Statement about missing evidence including PNC check of Ms new boyfriend whom she planned to live with. Judge adjourned commenting that Ms solicitors would be wise to use Kelly Webb’s Position Statement as a guide to what evidence was required. After the case was adjourned M abandoned her Application and F is now enjoying a stable regular relationship with his son.

F v M Private Law the became Public Law  F spent 18 months defending Allegations from a M whom refused to promote any contact despite repeated court Orders and a Committal Hearing by a Circuit Judge that resulted in her being ordered to undertake unpaid work due to breaches of court orders. M failed to undertake this work. M had left the family home without notice to F and then basically hid the child from professionals

4-day Fact Finding Listed: M failed to attend. Allegations dismissed

Case transferred to High Court. M then went on the run and despite numerous court Orders/tip staff involvement and 3 separate police forces the child could not be found.

Kelly persuaded a District Judge after full legal and factual Submissions to dismiss Ms Allegations in full. This is a rare decision by a court particularly as properly allegations of domestic violence are important for a court to consider. Kelly argued that in ensuring Ms Right to a Fair Hearing were uppermost in the courts minds the Right of the F to a Fair Hearing had become subsumed.

Public Law Proceedings:High Court

FINAL HEARING before Section 9 Judge. Decision child would remain with Father with supervised contact only with Mother.

INTERNATIONAL AND ABDUCTION

2018: Non-Hague Convention 

Refusal of Summary Return. Children abducted by one parent to this Jurisdiction. Kelly argued against Summary Return on Welfare Grounds. Summary Return refused.

S v G [2014] EWHC Jackson J

Private Law: jurisdiction case – application for move to Russia for child. Commendation to Kelly in conduct of case instructed on day one of hearing

Re: G (interim threshold) [2017] EWFC B34 (20 June 2017)

Public Law: parents of two children. The 3 month old suffered bruising.  Consultant later concluded there was ‘strongly suggestive of non accidental injury.’

The local authority issued proceedings and submitted at an initial interim hearing  the court should not in effect conclude the case at an interim hearing. We argued successfully that the court must consider as per Finding of Fact dicta and the Judge adopted my summary. The Judge accepted that even though it was an interim hearing that she could be guided my Submissions on the law and found that interim threshold was not made out. Proceedings ended.

CHILDREN LAW

A Local Authority v M & M (by their Guardian) & Ors [2009] EWHC 3172 (Fam) Hedley J

Instructed on behalf of First Resp in application (jointly with Guardian) to discharge father from proceedings due to risk posed. Application allowed

Public Law: parents of two children

The 3 month old suffered bruising.  Consultant later concluded there was ‘strongly suggestive of non accidental injury.’

Local authority case must continue to Fact Finding Hearing some months away. Kelly argued that the case should be determined at the first Interim Hearing based upon a detailed Submissions document. Judge persuaded to conclude matters at an interim hearing. Proceedings ended.

Abduction and Relocation : Reported cases

RVH v TF Non Hague Convention: Refusal of Summary Return [2018] EWHC 1680 (Fam)

Re DD [2016] EWHC  3546 (Fam) Abduction re Northern Cyprus. Instructed by Cafcass Legal

FB v IB [2014]  EWHC 759 (Fam) Hague Convention. Relocation from USA to UK

(instructed in Children Act Proceedings following Abduction proceedings)

S v G [2015] EWFC 4  Child Abduction

Re C (Care Proceedings: Parents with Disabilities) [2014] EWCA Civ 128

Called 1993, Lincoln's Inn.

Lincoln's Inn; Family Law Bar Association.

Clark's College Clifton Bristol; King's College London (LLB (Hons) 2(:1)); Inns of Court School of Law (1992 competent).