Geraldine More O'Ferrall

  • Year of Call 1983

Introduction

Introduction

Geraldine is a specialist family practitioner who has over 30 years experience dealing with all aspects of family work. She is known not only for professional standards but also her ability to listen with compassion and to work with clients including those who are vulnerable and have special difficulties and challenges.   

Geraldine has in-depth experience representing parties in complex public law cases which include fabricated illness, sexual abuse (including multi-generational abuse)  violence, disputed medical and psychiatric evidence as well as chronic neglect. She regularly appears in cases with a foreign element.  

Geraldine is known for a variety of cases relating to disputed medical treatment of children where parents have not been able to agree a course of action or where medical views differ from those of the parents. She is known for the detail of her preparation and ability to work with clients both lay and professional to achieve best outcomes in challenging circumstances.

Geraldine has an impressive track record of success in the Court of Appeal dealing with cases that have addressed fundamental issues relating to Child Abduction (Hague and non Hague), relocation both internal and international, European enforcement including Brussels II and placements abroad.

Geraldine is also experienced in cases relating to family finance following relationship breakdown including married couples, unmarried co-habitants and provision for children. Geraldine is available to assist with mediation and other forms of dispute resolution. 

In addition to her work in the area of children and relationship breakdown Geraldine is committed to the human rights issues that arise in the family context including claims for damages. 

Geraldine is known as an experienced advocacy trainer including the training of psychiatrists and social workers and guardians in how to provide evidence effectively.   Geraldine participates in 33 Bedford Rows Annual Family Law Update lectures and is a keen member of the Family Law Practice Team.

A selection of Geraldine's reported cases gives an indication of the depth and breadth of her professional experience. For a more comprehensive list see "Notable cases".

NIB v TS &ES [2016] EWHC 3213 (Fam)

Application to discharge wardship when child found to have been wrongfully removed from jurisdiction had lived in Egypt for five years

PH v AH [2016] EWHC 1131 (Fam)

Circumstances in which oral examination of a CAFCASS officer in a final Hague Convention hearing may be dispensed with

MD v CT [2014] EWHC 871 (Fam)

Acted for appellant mother against registration and enforcement of a French order granting sole residence to father.  First case on consideration of the effect of Article 23(c), Brussels II a when French service complied with Annex II  and a certificate had been granted but actual service had not been effected.  Appeal allowed. 

X v Y & Z Police Force,  A, B and C [2013] 1 FLR 1277

Police joined as parties in child abduction case where client was an undercover police officer.

Re S (A Child) [2012] UKSC 10

Further consideration of Art 13(b) of the Hague Convention 1980 in case where client resisting return of a toddler to Australia and had a pre-existing anxiety condition and applicant had admitted domestic abuse.

Re W [2012] 2 FLR 133

First case where successive orders for committal were made against abducting father.  Acted for mother whose three year old daughter was abducted to father's family in Pakistan.  Child eventually returned to Mother's care.  

Notable Cases

Notable Cases

Geraldine's reported cases include: 

NIB v TS & ES [2016] EWHC 3213 (Fam)

Application to discharge wardship when child found to have been wrongfully removed from jurisdiction had lived in Egypt for five years

PH v AH [2016] EWHC 1131 (Fam)

Circumstances in which oral examination of a CAFCASS officer in a final Hague Convention hearing may be dispensed with

MD v CT [2014] EWHC 871 (Fam)

Acted for appellant mother against registration and enforcement of a French order granting sole residence to father.  First case on consideration of the effect of Article 23(c), Brussels II a when French service rules complied with Annex II certificated granted but actual service had not been effected.  Appeal allowed. 

X v Y & Z Police Force,  A, B and C [2013] 1 FLR 1277

Police joined as parties in child abduction case where client was an undercover police officer.

Re S (A Child) [2012] UKSC 10

Further consideration of Art 13(b) of the Hague Convention 1980 in case where client resisting return of a toddler to Australia and had a pre-existing anxiety condition and applicant had admitted domestic abuse.

Re W [2012] 2 FLR 133

First case where successive orders for committal were made against abducting father.  Acted for mother whose three year old daughter was abducted to father's family in Pakistan.  The daughter was finally returned to the Mother's care.

Re D (Abduction: Child's Objections) [2012] 2 FLR 266 CA

Consideration by Court of Appeal of its discretion to return when child's objections defence is made out.

DT v LBT (Abduction: Domestic Abuse [2011] 1 FLR 1215

Junior Counsel in case where client raised Art 13(b) defences to Hague Convention return order.  Unusually evidence was heard at length and court made findings in respect of serious and sustained domestic abuse including sexual violence.  Consideration of ECJ decision of Neulinger in respect of Art 13(b) and compliance with Article 8 of the Human Rights Act 1998.

Re B (Care Proceedings:  Withdrawal [2010] AllER (D) 190

Acted for Local Authority  in case of child with severe physical disabilities.  Parents would not agree recommended radical treatment plan resulting in treating hospital referring case to Local Authority.  At final hearing hospital indicated it would not seek court authority for recommended treatment if parents did not agree.  Care proceedings withdrawn.

Other Reported Cases include:

Camden LBC v Goldenberg [1997] 1FLR 556 Court of Appeal

Re E (Child Abduction: Non Convention Country) [1999] 2 FLR 642 CA

Re RC and BC (Child Abduction) (Brussels II Revised:  Art 11(7) 2009 1 FLR 574

 

Recent cases

Re A Child

Case involving shaking/impact injury to very young child resulting in brain injury.

Instructed to lead junior counsel as the instructing solicitor had been unable to identify senior counsel due to client parent being only possible perpetrator. Senior counsel was instructed for the other parent. Client’s case was that had found the child unresponsive and had screamed for help after shaking child to resuscitate. Issues involved causation of the injury ie whether shaking or impact and whether non accidental, also home circumstances at the time and feeding difficulties. Paediatric neurosurgeon, paediatric neuroradiologist and paediatric evidence obtained. One expert was discharged after a second report was inconsistent with their first report. A new expert was instructed which resulted in delay.

10 day fact finding hearing included cross examination of the medical experts and social workers, one who had been involved with family and another who had prepared a negative pre hearing assessment about home conditions. Successful challenge to negative SW assessment such that LA no longer relied on this evidence. Findings of loss of control leading to injury were made but court accepted that care generally good. Child returned home after welfare hearing.

A LA v KB & anor. [2022] EWFC 39

Represented LA in High Court case arising after child born to mother who had significant cognitive disabilities and could not consent to sexual relations. Linked COP proceedings. COP papers included in trial bundle which was over 8000 pages. Father was mother’s stepfather. Sentenced to 12 years for rape of mother. Fact finding hearing required as family members sought to care for child and the court needed to determine whether any had knowledge of circumstances of conception. Father had made allegations against the MGM in this regard. Issues of financial abuse of mother by family members also required determination with multiple financial records being included in the trial bundle. M represented by OS, 2 family member interveners were litigants in person.  F also represented as intervener. Three trial bundles were required due to restricted disclosure to interveners. Limited findings were made although the court found MGM to be very evasive. A family placement was pursued.

Re A Child

Represented LA in case where child had underdeveloped respiratory system and required tracheostomy cannula and ventilation. His complex care plan required constant attendance

and a nursing team was in place to assist family in care. It was alleged that the mother had dismissed the care staff for a period and had left the child unattended for 3-4 minutes, during which he suffered a tracheostomy decannulation, which resulted in respiratory arrest and near death. Expert medical evidence from a paediatric respiratory specialist was obtained and evidence was heard from treating clinicians at the hospital treating the child as well as family members. Findings made. Trial bundle of over 6000 pages, mostly of medical evidence.

Re A Child

Represented a mother in case where 3 children were diagnosed with autism. Court had found that parents could not care for the elder 2 children who were severely affected. Issues related to the youngest child. The child was diagnosed with selective mutism. An expert paediatric report was obtained which recommended removal. This evidence was successfully challenged on behalf of M on the basis that not all relevant information had been considered. Another paediatric report was obtained which recommended that the child should remain at home.

Re A Child

Represented a mother in High Court case involving a toddler suffering from sickle cell disease. Medical reports indicated that without regular blood transfusions there was a 10% risk of stroke. The mother had refused transfusions on grounds of religious beliefs. Care proceedings issued. Preliminary ruling that the transfusions were necessary, after hearing medical witnesses. Mother ultimately persuaded to agree to transfusions. At ineffective IRH the judge expressed a view that a care order seemed likely. The same judge was allocated to hear the adjourned IRH.  The judge was requested by letter to recuse themselves. No decision on letter but case was relisted on another day to another judge. A supervision order was made.

Re A Child

Represented a mother in FII case where client had cognitive difficulties and required an intermediary. Case was that client had attended hospital on 2 separate occasions, the second occasion with the child being admitted as an inpatient, complaining of feeding difficulties and requesting a naso-gastric tube. Fact-finding hearing over 10 days included cross examination of 19 treating clinicians.

Re A Child

Represented an Irish national father in care case where secondary case was that if the court did not accede to return to F’s care the child should be placed in Ireland where the care regime involved long term foster care and adoption was only considered after some years of placement. Child’s half siblings were placed in foster care in Ireland. Evidence was obtained that the child could be placed in a nearby foster placement but not in the same placement as the siblings. Consideration of the respective merits of the Irish and English care systems.  The LA sought a placement order on a plan of adoption in England.

Re A Child

High Court child abduction case. Client removed child to France. Legal submissions as to correct procedure, i.e. whether English court should hear case or case should be transferred to France. Court accepted a submission that case in respect of Hague Convention 1980 should be heard in France prior to any consideration by the English court.

Re A Child

High Court child abduction case. Client removed child from Malta to England. Considered  evidence in respect of potential Art 13 b defence and negotiated terms of consent order for return with no findings being made.

Re L (A Child: Step-parent Adoption) [2021] EWCA Civ 801

Represented a child through his Guardian in appeal against a step parent adoption order.

 

Qualifications

Qualifications

LLB (Hons) University College,  London

Inns of Court School of Law

Memberships

Memberships

Family Law Bar Association  (FLBR)

Association of Lawyers for Children

Direct Access

Direct Access

Geraldine is accredited to accept work under Direct access, also known as Public access, in suitable cases. In order to instruct Geraldine on a Direct access basis, contact the clerks on +44 (0) 20 7242 6476 or at clerks@33bedfordrow.co.uk.