Key People

Barbara Hecht
Principal Solicitor

Barbara has been practising as a solicitor in London for over 30 years and with experience and expertise in advising and representing clients in the areas of law we specialise in. Barbara is an accredited Higher Courts Advocate (Civil), a member of the Law Society’s ‘The Children Panel’ for over 15 years and is also a Police Station and Court duty solicitor. Barbara is a very experienced advocate representing clients in the Magistrates Court, County Court, Family Court, High Court and Court of Appeal and wherever possible undertakes her own advocacy so that clients have a seamless service from office to courtroom.

bh@hechtmontgomery.co.uk

J and E (Children: Brussels II Revised: Article 15) [2014] EWFC 45 – HHJ Bellamy, sitting as a deputy Judge of the High Court, transferred care proceedings to Hungary pursuant to the provisions of Article 15 of Council Regulation (EC) No 2201/2003.  Article 15 relates to the transfer of proceedings relating to children between member states of the European Union

Re N (Children) (Adoption: Jurisdiction) [2016] 2 WLR 713 – The Court of Appeal dismissed an appeal by both the Guardian and the Local Authority against HHJ Bellamy’s decision to transfer the care proceedings to Hungary under Article 15, at first instance.  The Court made criticisms about the misuse of s20 Children Act 1989, delay and the need for judicial continuity.

Re N (Children) [2016] UKSC 15 – On appeal by the Children’s Guardian the Supreme Court broadened the “attenuated” welfare test when considering the best interests of the child upon the transfer of care proceedings to Hungary.  This was the first time the Supreme Court had considered the provisions of Article 15 Council Regulation (EC) No 2201/2003.  The Court allowed the appeal holding that when considering the children’s best interests, the Judge should have taken the children being moved from their settled home with the foster carers into account, with whom they had resided for some 17 months.

N (Children: Welfare Decision), Re [2016] EWFC 44 – Remitted final hearing of a local authority’s application for care and placement orders in respect of two girls of Hungarian parents where the Hungarian authorities maintained that the girls should be moved to foster carers in Hungary so that appropriate decisions could be made there about their long-term futures.

Local Authority X v HI & Ors [2016] EWHC 1123 (Fam) – An injunction preventing information regarding a 15-year-old being disclosed to his parents during care proceedings was continued.

Re B-J Children [2017] EWCA 2625 (Civ) – an appeal against an interim care order authorising separation of the child from their mother.  McFarlane LJ confirmed the test for removal remained as set out by Thorpe LJ in Re H [2002] EWCA Civ 1932.

CFA (Ireland) v F [2018] EWHC 939 (Fam) (12 April 2018) ([2018] EWHC 939 (Fam) – consideration of an Article 15 request concerning a girl, born in 2017, made by the Irish court to the courts of England and Wales.  Francis J was satisfied it was in her best interests for the case to be transferred.

Re S (Care proceedings:  Article 15 second transfer) [2018] EWHC 3054 (Fam) – Article 15 transfer case raising novel point of law as the care proceedings had already been transferred from the Republic of Ireland; it was open to the court to request a transfer back to the Republic of Ireland but in this case the court declined to do so.

W (A Child : care proceedings) [2017] EWFC B48 – Consideration of the impact of hair strand testing. Also HHJ Tolson QC agreed with Ms Hecht’s submissions regarding contact for the father and supervision not being needed.

 

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To view additional reported cases please select ‘Reported Cases’ below

J and E (Children: Brussels II Revised: Article 15) [2014] EWFC 45 – HHJ Bellamy, sitting as a deputy Judge of the High Court, transferred care proceedings to Hungary pursuant to the provisions of Article 15 of Council Regulation (EC) No 2201/2003.  Article 15 relates to the transfer of proceedings relating to children between member states of the European Union

Re N (Children) (Adoption: Jurisdiction) [2016] 2 WLR 713 – The Court of Appeal dismissed an appeal by both the Guardian and the Local Authority against HHJ Bellamy’s decision to transfer the care proceedings to Hungary under Article 15, at first instance.  The Court made criticisms about the misuse of s20 Children Act 1989, delay and the need for judicial continuity.

Re N (Children) [2016] UKSC 15 On appeal by the Children’s Guardian the Supreme Court broadened the “attenuated” welfare test when considering the best interests of the child upon the transfer of care proceedings to Hungary.  This was the first time the Supreme Court had considered the provisions of Article 15 Council Regulation (EC) No 2201/2003.  The Court allowed the appeal holding that when considering the children’s best interests, the Judge should have taken the children being moved from their settled home with the foster carers into account, with whom they had resided for some 17 months.

N (Children: Welfare Decision), Re [2016] EWFC 44 – Remitted final hearing of a local authority’s application for care and placement orders in respect of two girls of Hungarian parents where the Hungarian authorities maintained that the girls should be moved to foster carers in Hungary so that appropriate decisions could be made there about their long-term futures.

Re N-S (Children) [2017] EWCA Civ 1121 – Appeal, at conclusion of care proceedings concerning seven children, essentially, raising two related questions: (i) what is the extent of a judge’s responsibility to provide reasons in support of orders made at the conclusion of public law children proceedings; and (ii) where there has been a failure to give reasons, but there can be no challenge on appeal to the substantive orders made, what steps, if any, should the appellate court take to redress the lack of adequate reasons.

Re B-J Children [2017] EWCA 2625 (Civ) –  an appeal against an interim care order authorising separation of the child from their mother.  McFarlane LJ confirmed the test for removal remained as set out by Thorpe LJ in Re H [2002] EWCA Civ 1932.

CFA (Ireland) v F [2018] EWHC 939 (Fam) (12 April 2018) ([2018] EWHC 939 (Fam) – consideration of an Article 15 request concerning a girl, born in 2017, made by the Irish court to the courts of England and Wales.  Francis J was satisfied it was in her best interests for the case to be transferred.

Re S (Care proceedings:  Article 15 second transfer) [2018] EWHC 3054 (Fam) – Article 15 transfer case raising novel point of law as the care proceedings had already been transferred from the Republic of Ireland; it was open to the court to request a transfer back to the Republic of Ireland but in this case the court declined to do so.

S (Care plans in discharge applications), Re [2018] EWFC B88 – recognition of extraordinary progress of parents in applications to discharge care orders and independent social workers key role in case.

 

Anam Javed
Solicitor

Anam joined Hecht Montgomery in August 2017 as a paralegal and qualified as a solicitor in May 2019. Anam previously worked for two specialist family law firms. Anam’s experience includes Public Law Care and Private Law Children work including child abduction and Wardship. Anam assists in cased where we represent parents in care proceedings, often working with vulnerable clients. Anam also assists client’s with applications to the High Court concerning Wardship and child abduction and assists victims of domestic violence who require emergency applications. Anam is fluent in Urdu and can speak Punjabi and Hindi.

aj@hechtmontgomery.co.uk

Anam completed her Solicitors Training Contract with Hecht Montgomery under the supervision of the firm’s principal Barbara Hecht and working closely with Lucy Hoare and qualified as a solicitor in May 2019.

David Montgomery
Practice manager

David is our practice and business manager and responsible for business planning, paying the bills and making sure that the practice runs smoothly and that our clients are over the moon with our service.

David is also responsible for marketing and developing the business and making and us even better. David has a background in micro business start-up consultancy studied business in London and has an MBA.
dm@hechtmontgomery.co.uk

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Vacancy: Paralegal position with a view to a Solicitor Training Contract after 3 months – based in London in TW7 7DL & WC2B 6AA. £18,500 (increasing to £20,000 at start of a training contract reviewed annually)

Small busy fast paced practice based in Hounslow and Holborn with legally aided and fee paying clients. We have family and crime contracts with the Legal Aid Agency. We are seeking a paralegal with a view to a training contract after 3 months satisfactory performance.

2.1 degree preferable. Candidates must have completed LPC and ideally would demonstrate passion and experience predominately in publicly funded Children and Family Law.

The  successful candidate will be able to prioritise and work under pressure and to tight deadlines and be willing to provide administrative support amongst other legal work. Candidates must be flexible and have an excellent command of written and spoken English.

To apply, please email a covering letter and CV to: Barbara Hecht: bh@hechtmontgomery.co.uk