Family & Children

Overview

The team of family law barristers at 5SAH have specialist expertise in all areas of family law with a strong emphasis on practical advice, effective court advocacy and a focus at all times, on the outcome for the client. 

Jaqueline Julyan SC and Maria Scotland, MCIArb are joint heads of the team and are both recognised in The Legal 500, alongside Mark Smith.

Maria Scotland is recognised in The Spears' 500 and Chambers & Partners for Matrimonial Finance and is a qualified arbitrator in financial matters. 

To view our dedicated International family law page, please click here.

Family Finance

Our financial remedies team of barristers has some of the leading family finance practitioners at the Bar. They are experts in all aspects of this complex area of law.

The team can assist in matters that concern matrimonial and family finance, from the straightforward division of marital assets to the complex dissemination of family-owned assets on divorce (including overseas dynastic family trusts, family businesses, third party owned assets, international assets, and related freezing orders). We are instructed in high-value cases and are equally familiar with cases involving more modest levels of assets.  

The team covers the full spectrum of matters relating to the breakdown of a relationship, married and unmarried couples and those in same-sex civil partnerships. We also represent third party interests in the financial proceedings (including the CPS). The team can assist in arbitration, mediation, court proceedings or advice generally.

What sets the team apart from other family barristers is, firstly, our friendly, warm, client-based approach; and secondly, our team consists of barristers who practise in criminal law and related proceeds of crime legislation and can assist in cases involving the police or CPS (such as where assets are subject of restraint orders, or one party is subject to criminal proceedings). We also have experts in extradition and international law, immigration and related property and civil matters.

Other areas include:

• Interlocutory applications, freezing orders, maintenance pending suit and applications for legal service cost orders.
• Schedule 1 Children Act claims.
• Trust of Land Act claims.
• Inheritance Act claims.
• Civil partnership dissolution
• Pre-nuptial and post-nuptial agreements.

The barristers will cater for your individual needs during the difficult, emotional breakdown of your relationship with a keen eye on minimising costs and stress.

It is a sad fact that in the aftermath of the breakdown of a relationship not only can many not agree the division of their assets but also the division of time that each will spend after separation with their children. Arguments between parents, and the extended family members, over children are all too often highly emotionally charged and therefore difficult to deal with for any person without assistance.

The family team includes exceptionally gifted but down to earth barristers who will assist families in their difficult arguments over their children. The law has moved away from ruling on custody and access to addressing how the child will have contact with parents and extended family. We represent mothers, fathers, stepparents, grandparents and extended family alike as well as guardian work for the child in pre-application and court proceedings concerning children. Often we represent the parents in both their financial disputes and their children disputes providing continuity of Counsel.

The focus within the team is on assisting you to obtain a child arrangements agreement (including where needed a Special Guardianship) that suits you and your child at a cost and timescale that suits you both. We have experience of the straight forward cases (involving disputes over the child arrangements, change of name, change of school, holidays abroad etc) to the complex cases (involving issues of sexual abuse, domestic violence, neglect, drug and alcohol abuse, abduction, relocation abroad and cross-jurisdictional applications). All applications and all clients are treated equally.

Areas include:

• Residence and contact.
• Adoption and surrogacy and same sex parenting.
• Law surrounding assisted conception.
• Urgent cases involving injunctions, wardship and the inherent jurisdiction of the court.
• Removal from the jurisdiction, change of name/ birth certificate. 
• Representing police authorities in applications for disclosure.
• Media applications in respect of privacy and media reporting restrictions.

The team of lawyers are particularly skilled at dealing with cases where there have been allegations of domestic violence.

International Family Law

We have a dedicated International family law page, access it here.

The team has considerable experience in international family law including:

• Child abduction (involving Hague and non-Hague countries).
• International surrogacy.
• Leave to remove applications to permanently relocate abroad.
• Recognition and enforcement of foreign orders.
• Intercountry adoption.
• Jurisdictional disputes involving children, including transfer of proceedings abroad.
• Tipstaff orders (passport, location, or collection orders, and port alerts).
• Forced Marriage Protection Orders (FMPOs).
• Female Genital Mutilation Protection Orrders (FGMPOs).
• International child maintenance.
• Stranded spouses.
• Other proceedings involved in the inherent jurisdiction and wardship.

The team of family law barristers can advise on and represent in the Court of Protection whether it concerns the protection of children or adults. Areas of expertise include:

• Decisions relating to the care, property and affairs of those lacking capacity including through dementia, Alzheimer’s, or a stroke. Including the legal issues surrounding placing an individual in a care home.
• Cases settling the appropriate residence, medical decisions, deprivation of liberty of incapacitated adults and contact matters that arise.
• Financial Deputyship.
• Protection of vulnerable adults from family members or others who pose them some risk.
• The return of vulnerable adults who may have been abducted, including from abroad.
• The legal issues surrounding disability and consent and decision making.

If you are looking for a lawyer for a family hearing or to advise you on a decision relating to your family, the team at 5SAH are able to provide advice and representation either in consultation with a solicitor or directly with a member of the public.

• Family & Children
• International Family