James specialises in public and private children law. He has experience dealing with a broad spectrum of issues relating to children’s welfare including serious child sexual abuse, self-harm, psychiatric illness, substance misuse, coercive and controlling behaviour, alienating behaviours and inflicted injury. He has acted at all levels of the Family Court.
James’ background in academic child psychology is particularly valuable in cases involving expert evidence and where there are complex interactions between a child’s individual characteristics and their family and social environments. James’ research-based knowledge and experience inform his planning and result in cross-examination of expert psychologists that is probing, challenging and original.
James regularly appears at dispute resolution appointments, issues resolution hearings and final hearings. He has acted at very short notice where there are local authority applications for interim care orders with interim care plans involving separation.
Recent cases
Re H (A Child: Contact: Domestic Abuse) EWCA Civ 326
- Represented the child, whose parents had each been found to have perpetrated serious domestic abuse against the other, at a six-day final hearing. Recorder ordered that the child have no direct contact with his father and made a three-year section 91(14) order
- Instructed as lone junior opposing the father’s appeal in the Court of Appeal before Peter Jackson, Coulson and Nugee LJs. Argued that there had been no breach of section 6(1) of the Human Rights Act 1998 and that the expert psychiatrist’s evidence was correctly relied upon by the Recorder
S v R
- Instructed repeatedly on behalf of the mother in her long-running private law case regarding her teenaged daughter who has engaged in significant levels of self-harm.
- Have provided ongoing advice in relation to the conduct of the expert psychological assessment and tactical case management in the context of a high conflict case involving a rule 16.4 Guardian.
A Local Authority v D, B and D
- Instructed at the case management stage on behalf of the mother in a public law case involving a two-month-old baby with a confirmed distal femoral metaphyseal fracture and a skin abrasion.
A Local Authority v C, S and S
- Acted for the local authority seeking interim separation of a one-month- old baby from her 17-year-old The mother and baby were living in a residential placement with constant CCTV monitoring.
- Analysed and presented the evidence from placement logs thematically to demonstrate that the child’s immediate safety demanded separation.
M v S
- Repeatedly instructed on behalf of a father with cognitive difficulties and a history of sexual offending against female children in respect of his application to spend time with his daughter.
- Involved advice regarding expert sexual risk assessment (including Part 25 questions) and rehabilitative work.
A Local Authority v P and others
- Involved considering whether to seek a fact-finding hearing in respect of allegations that a mother had perpetrated serious physical abuse against two of her children.
- Ultimately advised that the allegations should not be adopted by the local authority in light of evidential weaknesses following child protection medicals.
S v S
- Represented a father alleged to have coercively controlled his ex-partner at a four-day fact-finding hearing in private law proceedings.
- Involved cross-allegations of domestic abuse and specifically an allegation that the mother had sexually assaulted the father.
A police force v T, T and others
- Advised a police force in writing in respect of an application for disclosure from care proceedings.
- Involved considering whether the doctrine of res judicata applied and giving detailed practical advice in the context of a similar application having previously been dismissed.
A Local Authority v E, S and A
- Represented a local authority as a lone junior at case management hearings in care proceedings involving a girl of Bulgarian nationality (but who had lived in Turkey) who alleged that her father had had sex with her. Reviewed over 26,000 pages of mobile phone data.
- Instructed as led junior at the substantive fact-finding hearing and pursued an allegation that the mother had made a false statement in a statement without an honest belief in its truth.
- Involved consideration of the Hague Convention 1996, Re W (Children) (Family Proceedings: Evidence) [2010] UKSC 12 and deprivation of liberty under the inherent jurisdiction.