James Holmes

Overview

James's practice covers all aspects of Children's Law. He has a particular interest in public law proceedings including care, supervision and adoption. He regularly appears in the High Court and Family Court on behalf parents, guardians and local authorities. He also has also represented r16.4 Guardians in private law cases.

James has experience in dealing with cases involving the most serious allegations including; death of/catastrophic injuries to a child, shaken baby, sexual assaults on both adults and children; non-accidental injuries; fabricated induced illness cases; female genital mutilation; and serious allegations of domestic violence. James has recently been instructed on cases before the High Court where issues around the use of Special Advocates and closed material proceedings had to be considered.

In addition, he has been instructed on cases with international elements, including transfers of jurisdictions; permanent and temporary relocation and/or recognition of orders from other jurisdictions.

Notable Cases

LC (Placement Order) [2020] EWCA Civ 787 
Successfully represented the father opposing the Local Authority’s appeal against a Judge’s refusal to make a placement order for a child aged 2 years old. The Court of Appeal dismissed the appeal as they held the judge had carried out a fair and balanced analysis.

Re A (A Child) [2020] EWCA Civ 731
Court of Appeal upholds ruling of the President of the Family Division that Family Courts are not bound by a previous assessment or determination on the risk of ‘FGM’ made by the First-Tier Tribunal. 

Re A (A Child: Female Genital Mutilation: Asylum) [2019] EWHC 2475
Application by Local Authority for an injunction against the SSHD preventing the removal of a child deemed by a Local Authority to at risk of FGM if removed by the SSHD.

Re X (FGMPO No. 2) [2019] EWHC 1990 (Fam)
Rehearing of a Local Authority’s application brought under section 5A and Schedule 2 of the Female Genital Mutilation Act 2003 for a Female Genital Mutilation Protection Order relating to a two year old girl which would prohibit her removal from the jurisdiction until she was 16 years old.

Re A, B, C & D (Children) [2019] EWFC B32
Application by Foster Carers for Special Guardianship Orders in relation to one of 4 children. 

RE X (A CHILD) (Female Genital Mutilation Protection Order) [2018] EWCA Civ 1825 
The court of appeal quashed part of a female genital mutilation protection order prohibiting the removal of a two-year-old girl from the UK until she was 16 where there was insufficient evidence for the imposition of an absolute travel ban, and where the judge had failed to give sufficient reasons as to why another less intrusive order would not have sufficiently protected the child from female genital mutilation.

The Child and Family Agency (Ireland) v M & Ors [2018] EWHC 1581 (Fam)
James was instructed by Denbighshire County Council whom were one of two Local Authorities, to resist an application brought by The Child and Family Agency for the transfer of proceedings pursuant to an Article 15 of the EC Regulations 2201/2003 and designation. At the conclusion of the hearing, Mr Justice Williams made an order nisi accepting jurisdiction and appointed Flintshire County Council as the designated local authority.

Re X (A Child) (Female Genital Mutilation Protection Order) (Restrictions on Travel) [2017] EWHC 2898 (Fam)
James was instructed by Hertfordshire County Council in respect of their application for a Female Genital Mutilation Protection Order. The local authority issued these proceedings after a referral by the Health Visitor to safeguard X and to prevent any likelihood of mutilation by seeking orders preventing her mother or anyone else from taking X to Egypt. At final hearing the court made a Female Genital Mutilation Order until the child's majority.

Re SW [2015] EWCA Civ 27
James was instructed in behalf of the appellate mother in a successful appeal to the Court of Appeal against the final care orders made in respect of the mother's three children. The appeal focused on whether it was appropriate for the court to have adopted a summary procedure in care proceedings and the interpretation of the Children Act provisions regarding the consideration of the permanency provisions of care plans.

Overview

James continues to develop his International Family Law practice, having been instructed in cases involving international abduction; the transfer of jurisdictions; permanent and temporary relocation; and recognition of orders from other jurisdictions. He was recently instructed in a case involving removal from the jurisdiction where FGM is a risk and whether the SSHD can be prevented from removing a child from the jurisdiction. James also has experience in dealing with cases involving international abduction and threats of abduction.

Notable Cases

Re A (A Child) [2020] EWCA Civ 731
Court of Appeal upholds ruling of the President of the Family Division that Family Courts are not bound by a previous assessment or determination on the risk of ‘FGM’ made by the First-Tier Tribunal. 

Re A (A Child: Female Genital Mutilation: Asylum) [2019] EWHC 2475 
Application by Local Authority for an injunction against the SSHD preventing the removal of a child deemed by a Local Authority to at risk of FGM if removed by the SSHD.
 
Re X (FGMPO No. 2) [2019] EWHC 1990 (Fam)
Rehearing of a Local Authority’s application brought under section 5A and Schedule 2 of the Female Genital Mutilation Act 2003 for a Female Genital Mutilation Protection Order relating to a two year old girl which would prohibit her removal from the jurisdiction until she was 16 years old.

The Child and Family Agency (Ireland) v M & Ors [2018] EWHC 1581 (Fam)
James was instructed by Denbighshire County Council whom were one of two Local Authorities, to resist an application brought by The Child and Family Agency for the transfer of proceedings pursuant to an Article 15 of the EC Regulations 2201/2003 and designation. At the conclusion of the hearing, Mr Justice Williams made an order nisi accepting jurisdiction and appointed Flintshire County Council as the designated local authority.

Re X (A Child) (Female Genital Mutilation Protection Order) (Restrictions on Travel) [2017] EWHC 2898 (Fam)
James was instructed by Hertfordshire County Council in respect of their application for a Female Genital Mutilation Protection Order. The local authority issued these proceedings after a referral by the Health Visitor to safeguard X and to prevent any likelihood of mutilation by seeking orders preventing her mother or anyone else from taking X to Egypt. At final hearing the court made a Female Genital Mutilation Order until the child's majority.