Anita is a specialist in Child & Family Law, undertaking international and forced marriage cases, and private and public law proceedings. Anita is described by solicitors as a barrister who is “knowledgeable, providing an excellent service;” with “good interpersonal skills” and who “easily builds a good rapport with the client.” She is recognised as a family law junior in the 2011 UK edition of Chambers & Partners and the Legal 500.
Anita has expertise in cases involving cross-border movement of children, and Hague Convention and Non Convention proceedings and overseas surrogacy.
Anita acted for the appellant in the reported case of Re O(Abduction: Settlement) [2011] EWCA Civ 128 in a Hague Convention child abduction matter. The Court of Appeal allowed the appeal and it was successfully argued that the court at first instance erred in law in exercising its discretion to make an order for summary return after making a finding of settlement pursuant to Article 12 of the Convention. The Court of Appeal was persuaded to substitute its own decision in favour of the appellant and dismissed the Originating Summons.
She was junior counsel for the Plaintiff in Re S (Abduction: Custody Rights) [2002] EWCA Civ 908 and acted for the Plaintiff in the recent reported case of M v M [2010] EWHC 3350 (Fam). She is regularly instructed in Wardship and Inherent Jurisdiction matters, and is asked to provide specialist advice in matters relating to cross-jurisdictional disputes.
Since the year 2000, Anita has been representing plaintiffs, local authorities and defendants in respect of forced marriage proceedings in the High Court. Anita wrote an article on forced marriage for the inaugural edition of the Journal of Family Law and Practice, vol 1.1 May 2010 p 41, and for Family Law Week on 'Disclosure Issues and the role of the Special Advocate', and has also delivered judicial training and seminars on this topic. She was also invited to speak as a Panel member at the Conference on International Child Abduction, Forced Marriage and Relocation held at the London Metropolitan University from 30 June – 2 July 2010. Anita was a member of the Committee that drafted the ‘London Conclusions And Resolutions’ at the conclusion of the conference.
In public law proceedings Anita acts for local authorities, parents, CAFCASS and NYAS. Her cases at any given time involve allegations of non accidental injury and/or sexual abuse, issues surrounding res judicata, honour based violence and disclosure.
Anita has also gained considerable experience in public law having practised in immigration and refugee law in her earlier years at the Bar which entailed representation of applicants in numerous judicial review cases. This involved drafting of grounds and judicial review claims in addition to advocacy experience in the High Court and Court of Appeal. Anita has also been asked to advise local authorities, and solicitors acting for parents, upon public law issues that have arisen in family cases.
Anita undertakes private law Children Act cases and acted in the reported case of G v B [2010] EWHC 2630 (Fam); Fam Div (Sir Nicholas Wall (President Fam)) 25/10/2010.
Anita is an advocacy trainer for Middle Temple. She was a member of the Steering Group of the charity, Respond, who campaigned in raising awareness regarding the plight of victims of marriage who experience learning disabilities. She was also asked to contribute to a round table discussion forum at Gray’s Inn concerning ‘Islam and Family Law’ that was chaired by Stephen Hockman QC.
Contact Anita Guha Phone: +44 (0) 20 7242 3555 Fax: +44 (0) 20 7242 2511 Email: aguha@7br.co.uk