When a client first walks through the door, you usually expect a legal problem. You don't always expect to take on a life-altering responsibility.

Two years ago, a mother contacted me with a request that resonated deeply with me, a plea that touched the soul. She was terminally ill and had a single, urgent priority: securing the future living arrangement of her neurodivergent son.

She wanted her sister and adult daughter to take over parental responsibility, knowing the child’s father, who had a history of being abusive and inconsistent, could not provide the stability her son required to thrive.

I gave her the advice, set the wheels in motion and made a promise knowing this was her final request. Sadly, the mother passed away.

From Grief to the Cells

Following the tragic loss, the father sought to have contact with the child. The maternal family didn’t shut the father out; despite grieving the significant loss, they promoted contact. But in July 2024, the situation took a dramatic and unexpected twist. The father exercised his parental responsibility in the most disruptive way possible by removing the child from school without notice to his carers, the maternal family.

What followed was a harrowing period of litigation. Despite successfully obtaining recovery orders, the father’s defiance was absolute. For the first time in my career, I stood in a courtroom and watched a Judge send a father to the cells for contempt of court because he refused to disclose the child's whereabouts and further refused to comply with the recovery order by returning the child to his maternal family.

He didn't stop there; he made allegations to the police against the carers, but didn’t want them pursued, only noted by the police, and yet relied on these allegations as a continuing basis that his son was being harmed. The allegations were self-reported and only made following the child’s removal from school into his father’s care. These allegations were eventually proven to be entirely unsubstantiated through s37 assessments and detailed Guardian analysis.

By March 2025, after nine months of fighting, I secured a final Special Guardianship Order and a Prohibited Steps Order, which was valid until the child turned 16. There was work the father was invited (and agreed) to do before any future applications were made, and the Court also directed a barring order.

I felt relieved knowing the family could finally grieve and heal, as they were unable to do so during the proceedings. I recall one hearing being listed on the date of the passing of the mother’s birthday, and the emotions felt that day will always stay with me.

Despite the win, I was wrong to think matters ended here.

Just one month after the final orders were made, the father appealed the Court's decision. My clients, who were paying privately, were already financially and emotionally drained.

The appeal was brutal. It read like a personal attack on the family. The father actually argued that the final orders should be revoked and that the child (who happened to be thriving, winning school awards regularly and maintaining 100% attendance) would be better off in foster care than with his carers, in particular, his adult sibling, who has been a constant in his life since birth.

Recognising the extraordinary nature of a costs application in family law, I advised my clients to pursue it, emphasising our commitment to holding meritless litigation accountable. I also volunteered to attend the hearing pro bono, as I knew they wanted me present to assist counsel, but were worried about exceeding costs.

The pressure didn't let up. Two days before the hearing in January 2026, I was served with nearly four hours of additional evidence. It meant late nights and weekend calls with our barrister, the incredibly talented Grace Gwynne of No5 Chambers.

Grace played a pivotal role, meticulously ensuring every detail of the father’s conduct and the child’s successful transition despite such a massive milestone in his life: the passing of his mother. This underscored the power of expert advocacy.

The Verdict

Watching remotely as Mr Justice Keehan delivered his judgment at the Royal Courts of Justice, the weight of the last two years finally hit me.

The result was a total vindication. The Appeal was dismissed, and we secured a five-figure costs order, an outcome that is almost unheard of in family proceedings. This extraordinary measure was the Court’s way of acknowledging that the litigation was meritless and that the family should never have been forced to endure it.

Final Reflections

I’ll admit, I felt overwhelmed. Knowing what this family has endured, from the loss of a mother to the threat of foster care, to seeing them finally secure a future of peace, is why I am a solicitor.

I am honoured that they trusted my advice at every turn, and I am proud that at D&N, we don't just process cases, we fight for people!

Justice was served! And for this young boy, the future finally looks stable.