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Family - Children

Adem Muzaffer

Email:

Clerk Enquiries:

Barrister

(Year of Call 2007)

Joined Chambers: 2009

Qualifications:

BA (Hons) History, 2005, Cardiff University

Graduate Diploma in Legal Studies, 2006, University of Birmingham

Bar Vocational Course, 2007, Cardiff University

Background:

Private Law

Adem Muzaffer is a specialist private law childcare practitioner. He is instructed in complex and intractable disputes featuring implacably hostile parents, serious allegations of domestic violence and sexual abuse, and emotionally conflicted children. His experience includes the following:

• Contact disputes with a risk of significant harm to the child (including cases featuring non-accidental injuries)
• Parental alienation
• Transfers of residence
• Leave to remove from the jurisdiction (including temporary removals to non-Hague Convention countries)
• Child abduction and return: Brussels IIR, Hague Convention, and non-Convention cases
• Disputes as to habitual residence
• Internal relocations
• Parents with learning disabilities
• Specific issues, such as change of name or change of school

Adem prides himself on being an approachable and personable advocate who works well with both vulnerable and professional clients. Where appropriate, he offers practical advice and solutions in order to reach a pragmatic and cost effective compromise. However, he is committed to ensuring the right outcome for the individual client, and recognises when only a fully contested hearing will secure a client’s interests.

As well as acting for parents, Adem represents grandparents and other extended family members. He also has considerable experience of representing children via a rule 16.4 Guardian.

Surrogacy, Fertility Law, and Non-Traditional Family Structures

Adem has a keen interest in the development of the law and policy relating to surrogacy and assisted reproduction. He has advised and represented applicants for parental orders following both domestic and international surrogacy arrangements, and recently appeared as junior counsel (led by Elizabeth Isaacs Q.C) in the single applicant test case Re Z (A Child) (No. 2) [2016] EWHC 1191.

Adem has acted on behalf of parents following the breakdown of same-sex parenting arrangements, and is well-versed in the specific legal and factual challenges that such cases present.

Adem has also recently appeared on behalf of a fertility clinic in respect of an application brought by the partner of the mother of a child born further to IVF treatment for a declaration that he was the child’s legal parent, following an administrative failing by the clinic.

Finding of Fact Hearings

Adem successfully draws on his experience and training as a criminal barrister within the context of finding of fact hearings. He takes a thorough, determined, and tenacious approach to challenging evidence. Adem is also able to identify when a sensitive approach is preferable, and has received judicial praise for the delicate cross-examination of a young child complainant in a case of sexual assault.

Forced Marriage and Applications for Injunctions

Adem appears for both applicants and respondents in applications for Forced Marriage Protection Orders. He is extremely interested in the cultural context of forced marriage, and provides practical guidance on dealing with the forced marriage legislation.

Adem is also instructed in applications for injunctive relief under the Family Law Act 1996 and the Protection from Harassment Act 1997. He undertakes committal hearings arising from breaches of undertakings.

Public Law

Adem has considerable experience of undertaking public law Children Act work on behalf of local authorities, parents, guardians, and separately represented children.

Notable Cases:

In the Matter of the Human Fertilisation and Embryology Act (Cases AD, AE, AF, AG and AH: No 2) [2017] EWHC 1026 (Fam): declarations of parentage made following administrative errors by various fertility clinics.

In the Matter of the Human Fertilisation and Embryology Act (Cases AD, AE, AF, AG and AH: No 2) [2017] EWHC 1782 (Fam): President gives practice guidance in straightforward applications for declarations of parentage.

Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order) [2015] EWFC 73: parental order test case before the President of the Family Division

Re Z (A Child) (No 2) [2016] EWHC 1191: Declaration of Incompatibility in respect of sections 54(1) and (2) of the Human Fertilisation and Embryology Act 2008

Further Information:

Training:

Adem is a regular speaker at chambers' seminars, lectures and conferences.

Adem is available to provide bespoke training. Please contact a clerk for further information.

Scholarships and Awards:

Buchanan Prize (Lincoln's Inn 2007)

Wolfson Pupillage Scholarship (Lincoln's Inn 2008)

Memberships:

FLBA

Resolution

Appointments:

Deputy District Judge (Civil 2015 / Private Law Children 2016)

Publications:

Chambers article (September 2014) - Bridging the Legal Aid Gap 

Chambers article regarding Re Z (A Child: Human Fertilisation and Embryology Act: Parental Order) [2015] EWFC 73 (September 2015) - please click here.

Chambers article regarding Re Z (A Child) (No 2) [2016] EWHC 1191 (May 2016) - please click here.

BioNews article regarding Re Z (A Child) (No 2) [2016] EWHC 1191 (May 2016) - please click here.

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