Hannah Markham Q.C. specialises in children law, both public and private. She has experience of judicial review proceedings involving family related law and community care law. She is often involved in cases involving serious allegations of abuse and the death of children.
Hannah specializes in contentious private law children cases often those with an international factor and or involving same sex cases.
Hannah was shortlisted as the Jordan’s Junior Family Law Barrister of the year in 2015.
Hannah took silk in 2016 and is well recognised as being a thorough and consummately prepared practitioner with excellent client care skills and a team approach to all cases.
- Public Law children (Care and Adoption)
- Private Law children
- International children cases
- Child Abduction
Appointments & Memberships
- Lincoln’s Inn
- Family Law Bar Association
- Association of Lawyers for Children (ALC)
- Family Arbitrator
Re B  UKSC 4, the test for habitual residence (same sex parenting case)
Re S  UKSC 20, the test for costs in children act cases
Re B  UKSC 33 the test for adoption in care cases
M (Children)  EWCA Civ 1364 (31 July 2019)  EWCA Civ 1364
Appeal against orders permitting disclosure of statements and position statements from Family public law case to police, who had yet to charge the parents. Re EC endorsed as ongoing good law, and no reason identified to change or revisit this test contained within it.
R (on the application of TT) (Claimant) v REGISTRAR GENERAL FOR ENGLAND & WALES (Defendant) & (1) SECRETARY OF STATE FOR HEALTH & SOCIAL CARE (2) MINISTER FOR WOMEN & EQUALITIES (3) SECRETARY OF STATE FOR THE HOME DEPARTMENT (4) YY (by his litigation friend CLAIRE BROOKS) (Interested Parties) & AIRE CENTRE (Intervener) & (1) TELEGRAPH MEDIA GROUP (2) ASSOCIATED NEWSPAPERS LTD (3) NEWS GROUP NEWSPAPERS LTD (4) REACH PLC (Interested Media Parties) (2019)
It was appropriate to lift an anonymity order which had been made in consolidated judicial review and family proceedings to protect the identity of the claimant, a transgender man who had given birth to a child and was seeking to be registered as the father. The claimant had put into the public domain the fact that he was a transgender man who had given birth to a child, and identifying him as the claimant in the proceedings would not result in any intrusion beyond that which would follow from what he had already made public knowledge.
FAMILY LAW - HUMAN RIGHTS
 EWHC 1823 (Fam)
Fam Div (Sir Andrew McFarlane PFD) 11/07/2019
References: LTL 16/7/2019 :  7 WLUK 233
X (Female Genital Mutilation Protection Order No.2), Re  EWHC 1990 (Fam) (24 July 2019) EWHC 1990 (Fam)
Re- hearing on an application for a world wide travel ban within a Female Genital Mutilation Protection order. Travel ban upheld with permission for a one-off trip to Egypt to visit F
RE H-L (CHILDREN: SUMMARY DISMISSAL OF CARE PROCEEDINGS) (2019)
A judge's decision to dismiss care proceedings in relation to two young children was set aside and the care proceedings revived, where the local authority concerned had delayed unacceptably in issuing proceedings and the family court had departed from established case management practice and authority.
FAMILY LAW - LOCAL GOVERNMENT
 EWCA Civ 704
CA (Civ Div) (Patten LJ, Floyd LJ, Peter Jackson LJ) 17/04/2019
References: LTL 17/4/2019 :  4 WLUK 284 :  4 WLR 70
RE M (CHILDREN) (2018)
A recorder had been entitled to make placement orders for two children on the basis that they deserved stability and it was not in their best interests to return to the mother.
CA (Civ Div) (Floyd LJ, King LJ) 19/12/2018
References: LTL 20/12/2018 EXTEMPORE :  12 WLUK 391
RE X (A CHILD) (Female Genital Mutilation Protection Order) (2018)
The court quashed part of a female genital mutilation protection order prohibiting the removal of a two-year-old girl from the UK until she was 16 where there was insufficient evidence for the imposition of an absolute travel ban, and where the judge had failed to give sufficient reasons as to why another less intrusive order would not have sufficiently protected the child from female genital mutilation.
FAMILY LAW - CIVIL PROCEDURE - HUMAN RIGHTS - LOCAL GOVERNMENT
 EWCA Civ 1825
CA (Civ Div) (Irwin LJ, Moylan LJ, Asplin LJ) 31/07/2018
References: LTL 31/7/2018 :  3 FCR 86 :  7 WLUK 729 :  1 FLR 415
RE P (A CHILD) (CARE PROCEEDINGS: APPEAL) (2018)
An appeal against findings made by a judge in care proceedings upholding sexual abuse allegations was allowed by consent, and the Court of Appeal gave guidance indicating that (i) advocates attending court when judgment was given should attempt to make a full note of the judgment, agreed if possible, which could be provided promptly to the Court of Appeal when a notice of appeal was filed, rather than awaiting the approved transcript; (ii) requested post-judgment clarifications should be delivered by the judge within four weeks; after that time, a notice of appeal should be issued in order to avoid further delay, notwithstanding the ongoing clarification process.
FAMILY LAW - CIVIL PROCEDURE - LOCAL GOVERNMENT
 EWCA Civ 720
CA (Civ Div) (McFarlane LJ, David Richards LJ, Peter Jackson LJ) 11/04/2018
References: LTL 11/4/2018 :  3 FCR 9 :  1 WLR 4486 :  2 FLR 893 :  4 WLUK 78
L v (1) L (2) N (BY HER CHILDREN'S GUARDIAN) (2017)
A child arrangements order was made specifying with which parent a child should live when she was in the future discharged from hospital where she was being treated for an eating disorder. Although it was unusual to make an anticipatory child arrangements order, the child had an urgent need for certainty in her living arrangements once discharged, and continued uncertainty would detract from the possibility of her recovery.
FAMILY LAW - MENTAL HEALTH
 EWHC 1212 (Fam)
Fam Div (MacDonald J) 19/05/2017
References: LTL 28/9/2017 :  2 FCR 659 :  1 FLR 108 :  5 WLUK 474
BARNET LONDON BOROUGH COUNCIL v AL & 9 ORS (2017)
Where the local authority and the mother disagreed as to whether a baby who was subject to an interim care order should have vaccinations, the court made a declaration under its inherent jurisdiction that it was in the child's best interests for the local authority to arrange for him to receive them.
FAMILY LAW - HEALTH - LOCAL GOVERNMENT
 EWHC 125 (Fam)
Fam Div (MacDonald J) 30/01/2017
References: LTL 7/2/2017 :  4 WLR 53 : (2017) 155 BMLR 135 :  2 FLR 1499 :  1 WLUK 594
RE H (DOMESTIC SURROGACY ARRANGEMENT) sub nom (1) B (2) A v (1) C (2) D (3) (BY HER CHILDRENS GUARDIAN ANGELA ADAMS) (2016)
Where a surrogacy agreement between male same-sex partners and the surrogate and her husband had broken down, with the latter unwilling to give up the child, it was in the child's best interests to place her with the same-sex partners. The placement would best meet her identity needs in the wider sense of her being a child of intended gay parents, whereas the surrogate and her husband had formed entrenched negative views of the partners and were unlikely to be able to give an accurate and balanced view to the child about her circumstances and background.
FAMILY LAW  EWFC 80
Fam Div (Theis J) 13/12/2016
References: LTL 1/4/2019 :  12 WLUK 746
Re CB(A child)  EWCA Civ 888
RE (1) P (2) Q (CHILDREN: CARE PROCEEDINGS: FACT FINDING)  EWFC 26
RE FM (A CHILD: FRACTURES: ISSUES RELATING TO BONE DENSITY) (2015)]
Ms L v Ms C  EWFC 1, the first free standing article 8 human rights claim in children act case
Leicester City v S  EWHC 1575 (Fam). Article 15 transfer case to Hungary.