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.
- Private Law children
- International children cases
- Public Law children (Care and Adoption)
- Child Abduction
- Court of Protection
Appointments & Memberships
- Family Law Bar Association
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  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)  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.
A Local Authority v M & M (by their Guardian) & Ors  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  EWHC 1680 (Fam)
Re DD  EWHC 3546 (Fam) Abduction re Northern Cyprus. Instructed by Cafcass Legal
FB v IB  EWHC 759 (Fam) Hague Convention. Relocation from USA to UK
(instructed in Children Act Proceedings following Abduction proceedings)
S v G  EWFC 4 Child Abduction
Re C (Care Proceedings: Parents with Disabilities)  EWCA Civ 128