Direct Access Barrister
Malcolm David Chisholm
Direct Access Barrister
Malcolm David Chisholm
I practise in family law relating to children (typically, 'live with' and 'spend time with' applications, applications to remove children from the jurisdiction on a temporary or permanent basis, and adoption) and in the Court of Protection concerning adults who lack capacity make decisions concerning their health and welfare needs (including medical decisions) and/or concerning their property and affairs.
Area of Law
Family
Public and private law proceedings concerning children
Mental Health and Court of Protection
Very considerable experience of contentious Court of Protection disputes
What sort of work do I do?
Family Court: I advise and represent parents at all stages of the family court process. Often it is helpful to have a conference before issuing proceedings in order to scope potential outcomes. Equally, if proceedings have already started I have over three decades of experience in navigating the minefields of family litigation relating to children. I also advise on strategies for appealing first instance decisions. I am regularly in the High Court and from time to time the Court of Appeal, as well as appearing before circuit and district judges.
Court of Protection: Since its jurisdiction was reformulated in 2007, I have appeared in the Court of Protection several times a week on average. These are essentially family disputes, and the professional directories have long recognised my sensitive but robust approach to these cases, which can be bewildering to the lay person. I aim to simplify the process for clients, and to advise on the best achievable outcome in each case.
Who do I work for?
Family Court: In my Direct Access work I represent parents, grandparents and interveners. In my conventionally instructed work (where solicitors are involved) I also act for Children's Guardians and local authorities; having considerable experience of acting for all sides has the obvious advantage that I can assess the strengths and weaknesses of a case from every possible angle.
Court of Protection: I act for family members in my Direct Access work, and in my conventionally instructed work I also act for the Official Solicitor, local authorities and NHS Trusts.