Family Law Experts

Adoption

• Successfully obtained post adoption contact for a mother whose 5 children were subject to placement orders over a period of a number of years. The care plans relating to each child provided for post adoption letter box – this had not taken place. The mother had successfully rehabilitated herself over the years and had sent letters to the post adoption agency. These were never sent on and appeared to have been lost. A successful outcome was obtained for this client; the Court ordered letterbox contact twice per year, with an option for the children to respond should they so wish.

International Children

• Successfully represented an applicant father in Hague Convention Proceedings concerning his 3 year old daughter after the child was unlawfully retained in the UK following a family holiday. The father had attorneys in the US with whom Ceylan was in frequent correspondence with. The respondent mother raised three defences; (i) alleging the child was habitually resident in the UK, (ii) if the court found the child was not habitually resident in the UK, that the father had consented or subsequently acquiesced to the child remaining in the UK and (iii) if the child were to be ordered to return to the US, she would be in an intolerable position and at grave risk of harm. The father denied all three defences. A final hearing took place, oral evidence was given by both parties & all three defences were dismissed by the Court. The child was ordered to be returned to the US, which was a great outcome for the client. Following proceedings, the mother sought for the father to provide further undertakings (beyond those already provided) and these were also successfully argued against on behalf of the father.

Private Law Children

• Represented a mother, whose first language was not English, in non molestation and private children proceedings concerning her 4 year old son. The mother had alleged domestic abuse perpetrated by the father including but not limited to drug abuse and physical abuse towards the child . A fact finding hearing was not listed due to the father’s lack of engagement within proceedings. A non molestation order was successfully obtained and the father made a cross application for contact with the child. The father’s engagement in proceedings was intermittent, as was his presence in England. A section 7 report was completed. Successfully obtained a sole lives with order in favour of the mother and no (indirect or direct) contact

• Issued an urgent child arrangements application on behalf of a mother for the return of a 3 year old child to her sole care. The father had parental responsibility and had been having direct contact at weekends. On one occasion, the father did not return the child to the mother on the agreed date, he enrolled the child in a local nursery and refused to return the child to the mother’s care. The child had sensitive processing disorder and suspected autism – his routine was severely affected as a result of the father’s actions. The child was returned to the mother following an urgent directions hearing and contact was agreed between both parties at a Dispute Resolution Appointment at which proceedings successfully concluded with a final lives with order to the mother and contact between the father and child was agreed by both parties.

• Successfully represented a respondent mother in child arrangements proceedings concerning her 2 children; aged 8 and 11. The mother made allegations of domestic abuse, perpetrated by the children’s father, including serious physical chastisement and an allegation of rape against the mother. The father denied all allegations. The court was presented with various evidence to disprove the father’s denial. A fact finding hearing took place and the Judge made findings of all 6 allegations. The father refused to accept any of the Judge’s findings and refused to engage in a Domestic Violence Perpetrator’s Programme. The case concluded with the father being granted indirect contact only, once per month, on the basis that the risk he posed to the children could not be managed. The father then sought to appeal this decision and his appeal was subsequently dismissed.

• Successfully represented an applicant mother in child arrangement proceedings concerning her 4 year old daughter. The child had been placed in the care of the maternal grandmother following an incident of domestic abuse perpetrated towards the mother, by her mother’s then partner, under an informal arrangement. The mother separated from the perpetrator and completed the Freedom Programme. She obtained employment and engaged with professionals in working towards re-gaining primary care of her daughter. The maternal grandmother continued to make allegations against the mother of drug and alcohol abuse, transient lifestyle and stated she did not think the mother had separated from her abusive partner. The mother was successfully able to demonstrate that all of these allegations were unfounded. The child was represented via her CAFCASS children’s guardian and a final analysis was completed, with a recommendation for the child to be returned to the mother once the mother had secured suitable accommodation. At the time, the mother was living in a Refuge and had sought housing assistance from a local authority. The local authority refused to assist until such time the child was physically in the mother’s care; the CAFCASS recommendation was for the child to be placed in the mother’s care once accommodation had been obtained. This left the mother in a catch-22 situation. Ceylan successfully negotiated with the mother’s Refuge support worker to extend her stay to coincide with a date a few days after the final hearing. In the meantime, the mother made an application for housing assistance and the local authority were sufficiently informed of matters. The mother was subsequently provided accommodation and the child was placed in the mother’s care under a final lives with order in the mother’s favour, with the child having contact with her maternal grandmother 3 times per year.

Public Law Children

• Represented a mother in care proceedings concerning her new born son. The local authority had concerns for the mother’s mental health and concerns for the medium and long term parenting to be provided by the mother, with allegations of potential Munchausen syndrome by proxy. The local authority alleged a provisional working diagnosis of borderline personality disorder and narcissistic personality disorder. At the initial hearing, the local authority were seeking an interim care order and placement of mother and baby into a mother and baby foster placement. Enquiries were made by Ceylan to the mother’s treating psychiatrist in order to obtain evidence to support the mother’s case and the results of enquiries were presented to the Court at the interim hearing. The Court refused the local authority’s application, instead making an interim supervision order and sanctioning the mother and baby to return home with the support of friends. The matter successfully concluded with a great outcome for the mother; the local authority applied to withdraw from proceedings and no final order was made in respect of the child.

• Represented a father in care proceedings concerning his new born daughter and 3 year old son. Allegations of drug abuse by both parents, lack of engagement of the parents, issues relating to the mental health of the mother & domestic abuse between the parties. At the interim contested hearing, successfully obtained an interim supervision order in respect of the 3 year old child and the court ordered the child’s return home to his father’s care. The new born baby girl was placed in foster care under an interim care order pending assessment of the parents, and special guardianship assessments of maternal and paternal grandparents. The client was initially reluctant to engage and successfully engaged in all assessments as well as with social services. He separated from the mother in order to demonstrate his commitment to his children. An in house parenting assessment was completed – this was negative. The local authority’s care plan was for the children to be placed in the care of their paternal grandparents. Prior to the final hearing, the father filed a statement disagreeing with the local authority’s care plan as he sought for his 3 year old son to remain with him, and for his daughter to be placed in the care of his parents. The local authority then conceded and all parties were in agreement that the son should remain in the care of his father. Also successfully obtained a recording on the final order that the local authority provide housing assistance to the father.

• Assisted a senior solicitor in care proceedings representing a mother who had returned from Syria with her then 9 month old baby. The proceedings were lengthy and complex. The case involved extensive police disclosure received from authorities from various jurisdictions. The father remained in Turkey having been convicted and sentenced to 6 years in prison in Turkey. There was an 8 day fact finding hearing whereby various findings were made against the mother. The mother subsequently engaged with work at the Tavistock as well as other counselling services in an attempt to rehabilitate back into the community. Proceedings concluded with the child remaining within the family, under a Special Guardianship Order.