Barristers
Simon Rowbotham
Work Department
Court of Protection - Vulnerable Adult; Financial Remedies; International Children Law; Private Children Law; Direct Access
Position
Simon’s practice began in Manchester, where his work included all areas of family law. Since 2018, he has practised from London exclusively in private law, family finance and the Court of Protection. He sits as a Recorder on the Midlands Circuit and has been appointed to the Family Justice Council. He has appeared as a legal guest on television and radio, including BBC Breakfast and Radio 4’s Today programme.
Simon is an experienced practitioner in financial remedies following divorce and the dissolution of civil partnerships. He receives regular instruction in cases ranging from modest means to high-net worth, involving pensions, companies and trusts. He is experienced in working with expert evidence (particularly in relation to forensic accountants, surveyors, pensions and health) and has conducted hearings at all levels, including the Court of Appeal, see Ratcliffe v Ratcliffe [2021] EWCA Civ 247. He has experience of drafting pre- and post-nuptial agreements and has worked with cases involving the interpretation of the same, including H v H [2015] EWHC B24 (Fam). He acts in high-net Schedule 1 applications and cohabitation cases under ToLATA 1996.
His children work encompasses all areas of private law, including applications for child arrangements (both residence and contact), removal from the jurisdiction, relocation cases and issues of surrogacy and parental responsibility. He also acts in cases of international child abduction and wardship proceedings, see e.g. H v B (BIIa: Enforcement of Domestic Return Order) [2020] EWHC 961 (Fam), [2020] Fam Law 856. He has significant experience of highly-contested contact disputes and applications to relocate both within and outside of the United Kingdom. He often represents clients in tandem with on-going financial remedy proceedings on divorce or applications for occupation and non-molestation orders, appearing with or against silks.
Simon is regularly instructed in cases concerning allegations of abuse and controlling and coercive behaviour, as well as cases involving substance misuse and vulnerable adults. He has considerable experience of conducting lengthy fact-finding hearings, including those involving allegations of child sexual abuse and intractable or high conflict disputes, see e.g. M v F (Appeal: Fact Finding) [2019] EWHC 572 (Fam) and M (Children) [2019] EWHC 39 (Fam).
Simon undertakes a significant amount of pro bono work through Advocate. In 2022, his representation of a father in a private law finding of fact hearing came to the attention of the President and earned a special mention at the 2022 Bar Pro Bono Awards.
Publications‘Are we nearly there yet? Life at the LGBT+ Bar since the Vaughan-Mason Study’, Counsel (Lexis Nexis, April 2021)
‘The Divorce, Dissolution and Separation Bill: So long, farewell, auf Wiedersehen, nisi’, Family Law Week (June 2020) [online]
‘Care proceedings: uncertain perpetrator cases’, Westlaw UK Insight (Westlaw, 2014) [online]
‘In the matter of Cretney v. Bromley (1974); Stephen Cretney’s Principles of Family Law: A Student’s Perspective’ in Probert and Barton (Eds), Fifty Years in Family Law: Essays for Stephen Cretney (Intersentia, 2012), pp. 39-52
Career
Year of Call: 2011 Recorder on the Midlands Circuit (family): 2022
Memberships
Family Law Bar Association Resolution Family Justice Council Junior of the Northern Circuit of the Bar (Trinity Term 2015) Vice-Chair of the Middle Temple LGBTQ+ Forum (2019 to present) Treasurer of the Northern Circuit Middle Temple Society (2017 to present) 7 Bedford Row ‘Pro Bono Champion’ (2018 to 2023)
Education
Law (MA Cantab), University of Cambridge English & History Joint Honours (BA Dunelm), Durham University BPTC (Outstanding)