Tom Harrill

Tom is experienced in acting for parents, children and members of the extended family in all aspects of private law disputes. He is sensitive toward the particular challenges which are posed in private law litigation whilst maintaining a tactically-driven approach. Tom prefers to be instructed at an early stage in private proceedings and to work in partnership with his solicitors so that his clients have the benefit of their full legal team. His experience in public law is invaluable in cases which straddle the private/public law divide.

Tom is regularly instructed in cases with issues including:

• Alleged serious physical and sexual violence
• Alleged parental alienation
• Alleged drug and alcohol misuse
• Internal and external relocation, including to non-Hague Convention countries
• Challenging section 7 reports
• Transfer of living arrangements
• Contact
• Schooling
• Change of name
• Declarations of parentage
• Surrogacy and modern families
• Special guardianship

Recent cases:

Griffiths v Kniveton [2024] EWHC 199 (Fam)

Tom acted for the subject child in this high profile case concerning very serious findings of domestic abuse by the father against the mother.

Re X [2022] (Radicalisation and Additional Needs)

Tom represented a mother in long-running private law proceedings where there were concerns about potential radicalisation of two children with additional needs and multi-jurisdictional elements to the dispute. The proceedings ended with orders for the children to live with the mother and spend supervised time only with the father.

Re A (Surrogacy: s.54 Criteria) [2020] EWHC 1426 (Fam)

Tom acted for the surrogate where the court was persuaded, for the first time, to read down three separate provisions in order to make the parental orders.

Re C (A Child: Parental Order & Child Arrangements Order) [2020] EWHC 2141 (Fam)

Tom acted for the commissioning mother to a surrogacy arrangement who subsequently was found to have commissioned a second surrogacy arrangement with his genetic material, but without his consent, which resulted in twins being born.

Tom is regularly instructed to represent parents, local authorities, children, and interveners in care proceedings, from the first hearing to contested interim hearings, fact finding hearings and final hearings.

Tom has recently been instructed in cases involving:

• Death and serious non-accidental injury to children (including multiple fractures and brain injury)
• Serious sexual abuse
• Cross-jurisdictional terrorism and wardship
• Trafficking and modern-day slavery
• International child abduction
• Issues under the Human Fertilisation and Embryology Act 2008
• Chronic neglect
• Domestic violence
• Contested applications for adoption orders

Recent cases:

Re D [2024] (Intracranial and Intraspinal Injury)

Tom acted for the father in this case where unexplained intracranial and intraspinal injuries were found. Following Tom’s cross-examination of the independent expert paediatrician, and hearing submissions, the court found that threshold was not met and proceedings were dismissed with no orders being made.

Re N [2024] (Unexplained Death)

Tom acted for the mother following the unexplained death of her child with additional needs amid a police investigation. Tom resisted a finding of any culpability for the death of the child and the client’s two surviving children were rehabilitated to her care.

Re W (A Child) (Inflicted Injury – Delay) [2024] EWCA Civ 418 

At first instance, Tom’s client was cleared of causing the shin fractures to the subject child and did not need to take part in the appeal against the findings.

Re B (Children: Care Proceedings: Jurisdiction: Transfer of Proceedings) [2022] EWHC 1494 (Fam)

Tom acted for the child, through her guardian, as cover for leading counsel, at a hearing concerning jurisdiction under the 1996 Convention and arguments for transfer of the proceedings to Romania amidst issues of trafficking. The proceedings were complicated by reason of the fact that the child’s mother was herself a minor and had fled the country despite being placed by the local authority in its own foster care. The court declined to transfer in line with the position advanced by the child’s guardian and the local authority.

Re C [2022] (Fictitious or Induced Illness)

Tom was junior counsel for the father in a six-week fictitious or induced illness finding of fact hearing where the father was exonerated and findings were made against the mother in respect of the child’s unexplained serious illness in hospital. Tom acted alone at the welfare hearing which was listed for two weeks and ultimately resulted in orders for the child to live with Tom’s client by consent.

A & B (Fact Finding: Head, Bony, Eye and Soft Tissue Injuries) [2020] EWFC 104 

Tom acted for the mother who was found not to have caused the child’s injuries. A plan of rehabilitation was agreed by the local authority.