Anita Guha is a specialist in all areas of children law and is ranked as a Leading Junior by Chambers & Partners and Legal 500.
Anita is instructed in challenging complex cases and regularly appears in the High Court and Court of Appeal against Kings Counsel. Anita has represented highly vulnerable litigants throughout her career and is regularly instructed to represent children and young people.
Anita’s particular field of expertise is in the area of international family law and cases involving the cross border movement of children. Anita is appointed as a Special Advocate by the Attorney General and undertakes cases in closed proceedings.
Anita also has undertaken cases in the Court of Protection and has a background of specialism in immigration and refugee law and has acted in a substantial number of judicial review claims in the High Court and Court of Appeal. Anita has been representing vulnerable adults and children in honour based violence and forced marriage cases for many years and has participated in a number of seminars and committees within this field to promote awareness and address recent developments.
Anita is an advocacy trainer for Middle Temple and provides voluntary legal assistance to the charity Advocate.
Anita is qualified to accept instructions directly from clients and is registered under the Bar Council’s Public Access Scheme, meaning that members of the public who seek specialist advice can come direct to her. In addition, she welcomes instructions from solicitors, in-house law departments, qualified foreign lawyers, and clients licensed by the Bar Council to give instructions direct to barristers under the Bar Council’s Licensed Access Scheme. For more information please visit our Direct Access page here.
Anita specialises in all areas of public and private children law. Her particular field of expertise is in the area of international family law and cases involving the cross border movement of children. Anita has recently been appointed as a Special Advocate by the Attorney General and will be undertaking cases in closed proceedings.
Anita’s areas of expertise include:
Anita is regularly invited to speak at conferences on specialist topics
Anita was part of the legal team acting on behalf of the Intervenor, Reunite International, in this appeal before the Court of Appeal, where guidance was given upon the correct legal approach to the Art 13 defences of consent and acquiescence.
This is a landmark case heard by Macdonald J in which the court was requested to determine fundamental issues of importance in respect of the jurisdictional framework in children cases following the UK’s departure from the European Union.
Anita acted for the Respondent Father on a 3 day contested final hearing of the Mother’s application for permission to relocate with the children to the US.
Anita acted for the Applicant Father in a successful 1980 Hague Convention application seeking the summary return of his daughter to France.
Anita represented the Respondent Father in highly contested Hague Convention proceedings heard before Mr Justice Peel
Findings were obtained at a contested hearing in the High Court on behalf of a vulnerable mother that she had been stranded in Pakistan by the Father.
Mr Justice Cobb accepted the case advocated on behalf of a mother in highly acrimonious and protracted proceedings, with multiple causes of action having being issued by the parties in Bulgaria and this jurisdiction, that the court had jurisdiction in respect of the mother’s divorce petition.
Acted for mother in successful application for international relocation and findings of fact in respect of domestic violence who had her passport seized and was prevented from leaving the jurisdiction by the court at the commencement of protracted and lengthy proceedings. Matter listed for a 5 day contested final hearing in High Court. Father was represented by Queens Counsel and sought a number of findings against the Mother in respect of cross allegations of violence and her mental health which were all dismissed by the court as untrue.
Successful application in Hague Convention child abduction proceedings for summary return of child to Spain notwithstanding fact that the respondent mother relied upon a defence of settlement.
Represented mother in care proceedings before Hayden J in which the media successfully challenged the order made by the court anonymising the name of the local authority in its judgment.
Acted as junior counsel representing appellant mother in Court of Appeal in jurisdictional appeal.
Successful application for father in second set of Hague Convention proceedings for summary return of his children to Croatia
Acted for respondent mother who resisted application for summary return of her child to Spain upon grounds of acquiescence and Article 13b in case where serious allegations of domestic violence were levelled against applicant
Advised the Equality & Human Rights Commission as a specialist family lawyer in a race discrimination claim brought by a British Indian couple against an adoption agency upon the grounds that they were wrongly or unfairly rejected or discriminated against either during the process of consideration of their application for adoption and when considering whether to match them to a child. James Robottom at 7BR successfully represented the couple at trial. The case attracted widespread media interest.
Successful application for summary return of child to Belgium in circumstances where the respondent mother was refusing to return with the child
Barbara Connolly QC and Anita Guha acted for the Mother in the retrial of a fact finding hearing in stranded spouse proceedings involving 4 children before the President of the Family Division. The retrial took place after a successful appeal was pursued by Barbara Connolly QC and Anita Guha against the findings of a High Court Judge who disbelieved the mother’s case and made findings that she had not been stranded in Pakistan; the children had not been wrongfully removed by the Father to this jurisdiction from Pakistan; the Mother was the woman in a video seen to be hitting by the eldest child, and had physically abused the children on other occasions. Then Court of Appeal set aside this judgment and listed the matter for a fresh hearing before the President of the Family Division. Following a 2 week trial, the court accepted the Mother’s evidence and made all the key findings in her favour and held that the children had suffered very serious child abuse following their estrangement from their mother after she had been stranded in Pakistan for a period of 4 years.
Acted for Appellant mother in successful appeal against findings made by a High Court Judge in a stranded spouse case involving allegations of parental alienation. Court of Appeal set aside judgment of court and remitted case to the President of the Family Division for a rehearing.
Acted for Applicant Mother who had been stranded in the UAE with her twin sons by the Father. Case listed before High Court to determine jurisdictional argument and application for summary return of children to the UK. Court granted Mother’s applications and determined in her favour that court had jurisdiction on grounds of habitual residence and/or prorogation pursuant to Article 12(3) of BIIR. Court rejected Father’s application for stay of proceedings upon grounds of forum non conveniens and made order for immediate summary return of children to this jurisdiction.
Acted for Respondent and successfully opposed applications for residence and contact by former same sex partner after Respondent moved with to Ireland with child. Court accepted argument that court had no jurisdiction and dismissed applications. Court further accepted that application for declaration that applicant was a psychological parent of child should be dismissed and made limited declaration that applicant had Article 8 rights to family life at time of removal of child to Ireland.
Acted for Respondent in Hague Convention child abduction matter in which consent relied upon as defence.
Acted for mother in successful appeal in Court of Appeal against a decision by Judge to order supervised contact between father and child despite findings by court that father had perpetrated domestic violence against mother and conflict of recommendations by 2 different CAFCASS officers.
Acted for Appellant mother in Hague Convention child abduction matter in Court of Appeal. Appeal successful and court held that child should not be returned to USA upon grounds that defence of settlement was established.
Anita has undertaken Court of Protection cases acting for local authorities and respondents predominantly in health and welfare matters and Schedule 3 of the MCA 2005. Earlier this year, Anita acted in a number of hearings in a reported case before Cobb J in a cross border case in which findings were made within the proceedings that P had been wrongfully removed to this jurisdiction from Spain by his children. TD and another v KD and another (by his litigation friend, the Official Solicitor)  All ER (D) 188 (Mar)
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