articles & news – Francesca Wiley KC

“Re D (A Child) (Appeal out of Time) [2020] EWHC 1167 (Fam)

In this groundbreaking decision, Francesca Wiley QC and Laura Briggs won an appeal on behalf of a father accused of sexually abusing his daughter, seven years ago. The appeal was granted in exceptional circumstances, being nearly 3 1/2 years out of time. Allowing the appeal, Mr Justice Francis held that “the District Judge’s findings are so unsafe and their consequences so serious that I cannot allow them to stand”. The judgment considers the numerous and considerable errors in the court at first…

Philippa Perry explores the increasingly recognised phenomenon of Parental Alienation

Philippa Perry explores the psychological manipulation of children during divorce. Sometimes when parents split, the children are caught in the middle, pawns in a never-ending battle. Divorce rates in this country are falling, but increasing numbers of parents are going to court to fight over their children, despite the lack of legal aid. Around 80,000 children are affected by battles in the family courts every year. During bitter separations, children may become separated from one of their parents, refusing to see their…

Francesca Wiley KC and Andrew Norton KC have qualified as accredited Arbitrators

Chambers is delighted to announce that Fran Wiley KC and Andrew Norton KC have qualified as accredited Arbitrators. Chambers now has seven members who are able to undertake financial and/or children arbitrations. Charles Geekie QC, joint Head of Chambers said, “Fran and Andrew are highly experienced family lawyers who will bring great strengths to our ADR team”. 1GC offers a number of Alternative Dispute Resolution options. Many of our members are experienced mediators and several of our part-time Judges and other senior members offer early neutral evaluation in…

Families Need Fathers Annual Conference

On the 25th June Francesca Wiley QC chaired the AGM for Families Need Fathers. The incoming President Sir Andrew Mcfarlane was the main speaker, he tackled issues of parental alienation and intractable cases and was asked to consider a possible new protocol in intractable cases and ‘standard’ contact orders post separation. His speech can be read here. Comments on the event can also be found below: The Telegraph Child Protection Resource The Transparency Project

Child Abuse

Child abuse is the physical, sexual or emotional maltreatment or neglect of a child or children. In the United States, the Centers for Disease Control and Prevention (CDC) and the Department for Children and Families (DCF) define child maltreatment as any act or series of acts of commission or omission by a parent or other caregiver that results in harm, potential for harm, or threat of harm to a child. Child abuse can occur in a child’s home, or in the organizations,…

Direct Access Assessment

Francesca Wiley is trained and experienced in Direct Public Access relating to family law cases. In the right case, direct access to a barrister – without first instructing a solicitor – can be quicker and better value for clients.

Excerpt From: The Legal 500

“Francesca Wiley QC – 1 Garden Court Family Law Chambers ‘An outstanding barrister.” Excerpt From: The Legal 500 “London – Guide to the London Bar 2015.” iBooks. “The Legal 500 is the leading provider of analysis and information on law firms in over 100 countries around the world. Our experienced research team interviews thousands of clients globally every year, and Legal 500 rankings offer an authoritative guide to the best commercial legal practices on every continent.” Excerpt From: The Legal 500 – John…

Child Arrangement Orders

You can apply for a single court order, or a number of them, depending on what you’ve been unable to agree on. Arrangements for your child A ‘child arrangements order’ decides: where your child lives when your child spends time with each parent when and what other types of contact, like phone calls, take place ‘Child arrangements orders’ replace ‘residence orders’ and ‘contact orders’. Parents with these orders don’t need to re-apply. Your child’s upbringing A ‘specific issue order’ is used to…

Wardship

The High Court has powers to make certain orders regarding children where they have been removed, are in serious danger or at risk. The court will make the child a ward. This means that the High Court will have responsibility for that child and no orders can be made or action taken which affects the child, unless permission is obtained from the High Court first. As the Childrens Act allows courts including the High Court to make orders relating to children, Wardship…

Serious Parental Alienation – The Approach of the Courts and Practitioners in 2016

Francesca Wiley QC of 1 Garden Court Family Law Chambers considers how the landscape is changing in the courts’ and practitioners’ attitudes to intractable contact cases. Francesca Wiley QC of 1 Garden Court Family Law Chambers Despite what appears to be a somewhat conservative approach by courts and practitioners to what are usually called “intractable “or “implacable hostility” cases the landscape appears to be changing. Courts, in particular the High Court, have started to recognise that the dynamic and presence of parental alienation are…