3PB's family law barrister Antonida Kocharova provides a case law update.
- Clerk Name: Robert Leonard
- Clerk Telephone: 01202 292102
- Clerk Email: [email protected]
Antonida undertakes work in all areas of family law and often represents clients in more than one application, enabling them to have continuity of representation through what is always a difficult period. Her practice covers the following:
Antonida has successfully represented both husbands and wives at all stages of financial remedy proceedings, including FDA, FDR, Final Hearings, mediation, and enforcement proceedings. She always favours achieving a settlement which works for her clients but is not phased by voluminous documentation and detail, and she has successfully proven fraudulent doctoring of bank statements in two cases.
Recently, Antonida has acted in several cohabitation cases with cross-applications under TOLATA and Schedule 1 of the Children Act, including two cases concerning Islamic marriages in circumstances similar to the developing jurisprudence in Akhter v Khan. She has also represented clients in TOLATA proceedings between other family members and has advised a same-sex couple on pre-nuptial agreements.
Notable cases have included:
- V v V (2023) – Represented and advised husband throughout matrimonial finance, TOLATA and Children Act proceedings on a direct access basis, successfully proving contempt of court by fraudulent falsification of bank statements.
- H v W (2023) – Acted in contemporaneous TOLATA and Family Law Act proceedings between unmarried couple.
- C v B (2022) – Negotiated a Tomlin order settlement in TOLATA claim between unmarried couple with children.
- A-D v D (2021) – Successfully settled at FDR a medium-asset case achieving an 80/20 split of assets in favour of the wife.
- K v S (2021) – Advised wife on landlord and tenant law as part of enforcement of a financial remedies order, drafted possession proceedings, and attended possession hearing.
- A v A (2020) – Represented husband throughout Family Law Act, Children Act, and matrimonial finance proceedings in a matter involving doctored bank statements and Imerman disclosure, successfully proving fraud by the wife.
- V v P (2020) – Achieved outright lump sum for rehousing in settlement of TOLATA and Schedule 1 proceedings, and drafting a charge on a property as security.
- P-B v D (2020) – Represented mother in children proceedings together with a joint TOLATA and Schedule 1 proceedings, successfully settling at FDR, and representation for enforcement and trial of children matters and dispute about contents of the home.
- B v B (2019) – Advised a military wife on maintenance pending suit.
Private Law Children
Antonida undertakes a wide range of private children work and has been instructed by mothers, fathers, grandparents and NYAS in applications for child arrangement orders, prohibited steps orders and specific issue orders. She has represented clients at all stages of proceedings and her cases often involve sensitive elements such as intractable hostility, domestic and sexual abuse (including allegations of sexual abuse towards the child and threats to kill), and witness protection. Frequently Antonida works through interpreters and intermediaries.
Recent cases have included:
- Z v S-H (2023) – Stepped in to cover part-heard trial on behalf of NYAS Guardian in child arrangements proceedings involving significant physical abuse by father to mother and emotional abuse to children.
- T v B and W (2022) – Negotiated return of children in a father’s urgent application following the mother’s relocation by agreement involving the grant of a licence on a house for the mother, which was drafted at court.
- R v H (2022) – Successfully obtained no order for contact in a case where the father suffered from alcoholism and the children did not wish to see him.
- A v D (2019) – Successfully represented a respondent mother in resisting an application by the father for contact where the 12-year-old child’s wishes and feelings were strongly against any direct contact exhibited through school non-attendance, self-harm and suicidal thoughts.
- M v L (2018) – Represented the grandmother of children at a directions hearing in the context of the children’s move into witness protection meaning she would be denied all contact.
- I v B (2018) – Successfully adjourned final hearing and resisted applications for amendments to interim child arrangements instructed to stand in for a colleague with 30 minutes’ notice.
- R v R (2017) – Successfully representing a mother in her application for the discharge of a Special Guardianship Order.
Public Law Children
Antonida has appeared in the Family Court and High Court on instructions by parents, grandparents and Local Authorities in all stages of public law proceedings, including interim and final care and supervision orders, secure accommodation orders and other applications, including under the inherent jurisdiction. She has also been instructed on emergency protection orders at short notice.
Recent cases have included:
- Re D (2022) – Acted in inherent jurisdiction proceedings in relation to 15-year-old boy with behavioural difficulties.
- Re M (2021) – Represented father in 8-day final care hearing, prepared following advice and grounds of appeal, and advised on revocation of placement order.
- Re O’M (2020) – Represented a father in an application for a secure accommodation order and deprivation of liberty orders in relation to a 16-year-old girl.
- Re G (2019) – Represented local authority for application in High Court case involving unexplained death of a baby.
- Re W (2018) – Represented a mother at final hearing arguing for placement of the children with their grandmother.
- Re K (2018) – Instructed by a local authority in an application by a 16-year-old child to live with his grandmother under a care order by agreement.
- Re R (2017) – Attended on behalf of a local authority at a final hearing where the authority would take over responsibility for a care plan in proceedings brought by a different local authority where the carer was moving between local authority areas.
- Re S (2017) – Noting brief on behalf of the local authority in a 10-day fact-finding hearing in a case involving incest between children in the family.
Antonida regularly represents both applicants and respondents in applications under the Family Law Act 1996, including for non-molestation and occupation orders.
Notable cases include:
- B v G (2018) – Successfully obtained a transfer of tenancy for a mother in the context of private law children proceedings.
- O v O (2018) – Represented a wife in an application for an occupation order in the unusual circumstances of her husband’s mental breakdown.
- P-R v R (2018) – Secured discharge of a non-molestation order on behalf of the respondent father on the basis of undertakings.
- T v M (2017) – Settled applications for non-molestation orders by way of cross-undertakings as well as resolving numerous disputes about chattels.
FDR Hearing Service
Antonida Kocharova is available for private remote FDR hearings. For more information on private remote FDR hearings please click here.
Case Law Update - The Remote Family Court and Beyond7th May 2020