Profile

FAMILY

Mark is a specialist in international family and children law. He is regularly instructed in international matters and domestic private children proceedings, including applications for child arrangements orders, prohibited steps orders and specific issue orders.

Mark has experience of international abduction and permanent relocation proceedings in the High Court Family Division and the Court of Appeal. He also accepts instructions in more complex applications for non-molestation orders or occupation orders.

International family law

Mark is a specialist in child abduction and international relocation matters. He has appeared in the High Court Family Division resisting a child’s permanent relocation to Spain on behalf of the mother after the father had previously abducted the child without written consent or the permission of the court. Mark was also recently instructed in a Court of Appeal case addressing the effect of asylum applications on child abduction proceedings under the Hague Convention 1980. He recently advised in a case where the child had been abducted to Belarus (a non-Hague Convention country) during the course of UK proceedings.

Private children

Mark regularly appears in applications for child arrangement orders and other orders under the Children Act 1989, often dealing with cases that have an international element. Mark recently appeared in an applications for contact where there were risks of the children being abducted to Pakistan and Poland, and successfully argued for internal relocation from London to the north of England.

Injunctions

Mark has regularly appeared in complex applications for a non-molestation orders involving issues of police disclosure or court errors, including where an exclusion requirement was wrongly attached to a supervision order instead of a stand-alone occupation order.

IMMIGRATION

Mark accepts instructions in all areas of immigration work, including human rights applications for leave to remain outside the Immigration Rules, asylum and humanitarian protection, and limited or indefinite leave to remain, as well as appeals against the refusal of residence cards. Mark also has experience of deportation proceedings in the Upper Tribunal.

Notable cases

E v Belgium: Mark is currently instructed in a High Court case with both extradition and immigration issues. The mother is wanted in Belgium to serve a 5-year prison sentence, whilst the step-father is fighting deportation to India, potentially leaving their five-year-old son in the care of the local authority.

R (S) v SSHD: Mark successfully argued for permission to judicially review the Home Office’s decision not to consider his client’s fresh evidence. S had made an asylum claim due to genuine fears of honour-based violence on return to Pakistan.

O v SSHD: Mark successfully resisted a Home Office appeal in the Upper Tribunal, having previously overturned a deportation order in the First-Tier Tribunal, arguing that there were no serious grounds to deport despite his conviction for theft and money laundering in 2013.

B v B: Mark advised on immigration issues in family proceedings where the mother wanted to relocate to Australia. Mark advised the father on the likelihood of the mother obtaining leave to remain in the UK in support of his case.


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