James Holmes

Overview

James's practice covers all legal issues concerning children. James is regularly instructed to represent local authorities, parents and Children’s Guardian. James is particularly interested in the cases concerning non-accidental injuries, deprivation of liberty orders and cases with an international element.

James has developed a particular expertise complex public law matters, including those dealing with; death of/catastrophic injuries to a child, shaken baby, sexual abuse and trauma, non-accidental injury cases, fabricated induced illness, forced marriage, female genital mutilation and abandoned spouse cases. James has also been instructed in matters in the High Court concerning the use of special advocates and material proceedings and transfer of jurisdictions.

As a result of James having been involved in the first Female Genital Mutilation Case which went before the Court of Appeal, James is regularly instructed in cases involving concerns around Female Genital Mutilation and Forced Marriage, and also asked to advise on how to assess the risk posed to children and young persons and what if any safeguards can be put in place to mitigate any risks.

Due to James’s experience as both a practitioner in the Court of Protection and sitting as a Tribunal Judge in Special Educational Need Cases, he is able to draw upon this knowledge and expertise when acting in cases which involve children and parents whom are neurodiverse and/or have capacity issues.

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

Z v V & Anor [2024] EWHC 365 (Fam)
Represented the mother in proceedings when she sought protective orders to safeguard her children from the Father, whom had previously abducted the children abroad, Court found the children are at risk of abduction if the Father is given a free hand and were that to come to pass, the impact upon them would be devastating. The issues were what suite of orders could protect her children sufficiently.

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 has developed a thriving International Family Law practice, regularly being instructed in cases involving international abduction; the transfer of jurisdictions; permanent and temporary relocation; and recognition of orders from other jurisdictions. James has a particular interest and expertise in cases which have issues around immigration and family law, including;
a) Safeguarding a child or young person whom is at risk of significant harm if removed.
b) Stranded spouses and children.

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. 

Notable Cases

Past notable cases can be viewed below. Click here to see a list of recent notable cases.

RS v AM – Re C (Abduction: Article 13(b) & Child’s Objections)
Re-hearing following successful appeal of the case of Re C [2021] EWCA Civ 1354. Court was not satisfied that on the facts of the case, the protective measures available in Poland could effectively or adequately protect the child from a grave risk of harm

Re C (A Child) (Abduction: Article 13(b)) [2021] EWCA Civ 1354
Court of Appeal allows father’s appeal against the dismissal of his application under the 1980 Hague Convention for the summary return of his eight-year-old daughter to Poland. Moylan LJ found that there had been no analysis in the judgment of the child's circumstances were she to return to Poland nor of why or whether those circumstances would potentially expose her to a grave risk of harm, as required by Article 13(b).

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.