Martha Holmes

Martha has experience representing Local Authorities, parents, Guardians and separately represented children and has particular experience in the following areas:

• Non Accidental injuries, including shaken baby cases and multiple fractures.
• Fictitious illness and injury.
• Serious sexual abuse, including representation of alleged perpetrators.
• Representing parents with learning difficulties and cases involving the Official Solicitor.
• Representing parents with mental health difficulties.
• PII applications and disclosure from criminal proceedings into care proceedings.
• Neglect and substance misuse.
• Domestic violence.
• Representation of grandparents seeking contact/residence in the context of care proceedings.
• Adoption and placement orders and post final hearing contact applications.

Martha is an experienced private law specialist and has particular expertise in the following areas:

• Cases involving suspected parental alienation or intractable hostility to contact (representing both the hostile parent and the parent seeking contact).
• Fact finding hearings involving serious domestic violence and sexual abuse.
• Cases where the Local authority is involved or which become care proceedings.
• Shared care.
• Applications to change name, specific issue orders in respect of schooling.
• Mediation at court to resolve issues involving a litigant in person.
• Leave to remove from the jurisdiction and internal relocation.
• Non-Molestation injunctions and occupation orders.

J (A Child) [2012] EWCA Civ 1231
Martha successfully appealed a decision made by a Circuit Judge who restricted her cross-examination of a litigant-in-person mother in a long running contact and residence dispute where she represented the father. Martha was praised for her handling of the situation at first instance:

‘Ms Holmes is to be congratulated for doing her duty, politely but firmly standing her ground and telling the Recorder plainly that his ruling was preventing her putting her client’s case. It is a pity that the Recorder did not, even at that point, see any reason to change his mind.’ (per Munby LJ at para.35)

Martha undertakes Child Abduction work. Examples of her experience include:

• Successfully preventing the return of a child to Malta following a contested hearing on the basis of the child’s objections, together with allegations of extreme domestic abuse.
• Representing a ‘stranded spouse’ seeking return to the UK from Pakistan.
• Representing the CAFCASS Guardian in a case where the children’s objections were crucial to the outcome.

Martha has been qualified as a Direct access barrister since 2014 and accepts Direct Access instructions. Examples of cases she has undertaken on this basis include:

• Representing parents in difficult and intractable contact disputes.
• Representing a father seeking a change of residence.
• Representing a client at a fact finding and final hearing relating to allegations of abuse.
• Undertaking an appeal in relation to an application to internationally relocate.

Martha qualified as a mediator in 2007 and is happy to undertake mediation in all aspects of her work.