Profile description
Family
Public Law
Kerry acts for clients in difficult and complex cases involving non-accidental injuries, sexual abuse, domestic violence and mental health aspects, and is known for her high competence and thoroughness as an advocate in very sensitive matters at every level in the unified family jurisdiction. Kerry is also instructed by Local Authorities at all levels of public law proceedings.
Kerry Barker has a very busy public law practice which is characterised by representing parties in very complex cases where in most cases expert evidence has been relied upon. Recent cases include significant and chronic neglect, multiple fractures and bruises, and psychological/psychiatric evidence. Kerry has represented Local Authorities and parents in lengthy (10 day plus) finding of fact and final hearings.
Kerry conducts cases involving applications for care and supervision orders; contact with children in care; discharge proceedings; placement and adoption orders; and special guardianship orders. In these proceedings Kerry represents parents, grandparents, children and other interested parties in complex care proceedings. As a solicitor she was also a member of the Children Panel and, accordingly, her experience in representing children is considerable.
Some examples of Kerry’s recent cases include:
- Representation of mother in Public Law proceedings where the Local Authority supported by the Children’s Guardian sought Care and Placement Order. The final hearing included cross examination of expert witnesses where the issues related to the mother’s alcohol use. Kerry successfully opposed the plans of the Local Authority and the court made an order allowing the child to return to the care of the mother under a Child Arrangements Order.
- At a three day interim care hearing Kerry successfully opposed the plans of the Local Authority to remove two children from the care of parents due to issues of chronic neglect. In this hearing Kerry represented the father. The children remained in the care of the parents subject to an interim care order pending further assessments.
- Representation of young mother with learning disabilities in Public Law proceedings where the Local Authority were applying for Care and Placement orders. The final hearing took place over 8 days and included lengthy cross examination of expert witnesses.
- Representation of Local Authority at Final hearing which was heard over eight days. The Children’s Guardian did not support the plans of the Local Authority. Kerry was successful in persuading the court to approve the Local Authority plans.
- Cases involving adoption where applications for leave to revoke a Placement Order and leave to oppose an Adoption Order have been made.
Private Law
Kerry Barker also represents parties in private law cases, including those where there are significant welfare issues. She is regularly instructed in residence, contact, prohibited steps, specific issue order applications and leave to remove from the jurisdiction (both internal and external) and is able to provide advice on discrete matters of law and evidence.
Kerry’s private law practice is dominated by complex cases including issues such as long-standing domestic abuse, allegations of rape and sexual abuse, allegations of violence to children, and removal from the jurisdiction. Kerry is a favorite amongst solicitors for her delicate approach to such sensitive matters.
Some examples of Kerry’s recent cases include:
- Representation of mother in private law proceedings in the High Court. The issues before the court related to competing jurisdictional arguments between UK and Greece.
- Representation of the child within private law proceedings where the issue before the court was one of Jurisdiction. It was being argued that the proceedings ought to be stayed and proceedings transferred to Scotland. Kerry successfully argued that the UK has jurisdiction.
- Representation of father within private law proceedings where the mother had applied to remove the child from the jurisdiction to Pakistan. Kerry was successful in opposing the mother’s application.
- Representation of client within proceedings where the mother sought to relocate over 200 miles within the UK. Kerry successfully opposed the mother’s application on behalf of the father.
- Kerry has dealt with a number of cases involving same-sex relationships and is well versed in case law relating to the area.
Domestic Violence
Kerry is regularly instructed to represent parties before the court in connection with applications under the Family Law Act 1996. Additionally, Kerry also represents parties in applications arising under the Protection From Harassment Act 1997. In this area, Kerry represents both applicants and respondents in cases which involve very serious harm. Kerry’s approachability and friendly nature makes her a popular choice for vulnerable clients.
Matrimonial Finance
In her matrimonial practice Kerry Barker regularly accepts instructions in all areas of financial remedy. Kerry is able to provide sound, realistic advice at all stages of proceedings and is instructed at first appointments, FDRs and final hearings.
Kerry has experience of dealing with straightforward financial remedy cases to those that are more complex including applications under s37 Matrimonial Causes Act 1973; land and foreign property; and pension sharing orders.
Languages & interpreters
Kerry has considerable experience of cases involving different cultures, which often require an interpreter.