- Clerk Name: Ian Charlton
- Clerk Telephone: 0121 289 4333
- Clerk Email: [email protected]
Eleanor Marsh is an expert private law children and family finance barrister.
Private Law Children
Eleanor is regularly instructed on behalf of both parents and children (through their rule 16.4 Guardian) within private law proceedings on the full spectrum of hearings; from first hearings to fact-finding hearings, final contested hearings and appeals.
She prides herself on working closely with instructing solicitors for the lay client’s benefit, and always strive to achieve continuity of counsel throughout proceedings.
Eleanor regularly deals with matters involving serious allegations of domestic abuse, emotional and physical abuse of a child, and parental alienation; often requiring lengthy and complex fact-finds. For instance, she appeared in the High Court on behalf of a parent, where a party was appealing a Female Genital Mutilation Protection Order made by a Circuit Judge, following a 5-day fact-finding hearing.
In summary, Eleanor has been instructed to act in connection with, but not limited to, the following applications:
- Contact disputes
- Transfer of living arrangements
- Applications to vary a Child Arrangements Order
- Enforcement of contact orders
- Female Genital Mutilation Protection Orders
- Specific Issue Orders, including schooling
- Declarations of Parentage
- Special Guardianship
Eleanor regularly represents clients seeking non-molestation orders and/or occupation orders, or opposing the same.
Recent cases include:
Griffiths v Griffiths – represented the child via their 16.4 Guardian at the permission to appeal hearing in relation to the mother’s appeal against an order for her to pay an equal share of the cost of the father’s contact centre contact despite significant findings of domestic abuse.
B v B – represented a parent in protracted proceedings involving allegations of sexual abuse against a child.
B v A – lengthy private law proceedings where the court changed the child’s residence as result of clear findings of parental alienation. There was extensive involvement from NYAS, and the child had Autism and significant health needs.
X v H – protracted private law proceedings involving a 16.4 Guardian including a lengthy fact-find hearing and the making of a Female Genital Mutilation Protection Order.
M v G – private law proceedings involving allegations of abuse against the children and their primary carer. Final orders made for indirect contact only.
S v W – private law proceedings in which the child had been retained following contact due to safeguarding concerns surrounding alcohol misuse of the other parent.
F v L – private law proceedings involving a 16.4 Guardian where delays in listing the final hearing had created a new status quo for the child.
Eleanor has a busy family finance practice, again appearing in the full spectrum of hearings, appearing on behalf of husbands, wives, and interveners in matrimonial finance cases. She has been instructed on cases involving valuable business assets and overseas properties as well as matters which have involved “add back” arguments and conduct allegations.
She is regularly representing clients at the full spectrum of hearings, these have included (but are not limited to):
- First hearings
- Interim hearings
- Section 37 applications
- FDR appointments
- Contested final hearings
She has been praised by solicitors for facilitating settlement at FDR when the client has been seemingly intractable; and regularly provides written advice on settlement. She is also known for her empathetic but clear advice; and regularly negotiates fair settlements for her clients, even where there are limited matrimonial assets to be divided.
Eleanor also enjoys advising on and appearing in TOLATA matters, both in Court and via written opinion. This has included appearing on behalf of a party on appeal following contested proceedings to determine the beneficial ownership of the former family home.
Recent cases include:
S v S – represented the respondent in proceedings involving a number of significant factual issues, including: the beneficial ownership of three separate properties, the length of the parties’ cohabitation, contributions arguments in relation to the purchase and running of the FMH, the veracity of significant liabilities, disputed business interests, and allegations of material non-disclosure.
B v S - represented the applicant in proceedings where an intervener asserted that they were the sole beneficial owner of the former family home.
B v B – represented the applicant in proceedings involving a family home within the jurisdiction and six other properties situated in India where family members had declined to intervene but brought separate court proceedings within India. As well as jurisdictional issues, there were also issues with disclosure and compliance with court orders, resulting in a significant “add back” argument being raised and litigation conduct.
D v D – represented the respondent in proceedings involving significant matrimonial assets, including a very successful and valuable business where the wife was seeking the transfer of one of the commercial premises to her sole name.
H v H – represented the respondent husband in proceedings where reckless / wanton expenditure had been accepted, but not to the extend sought by the applicant wife.
K v N – represented the wife on appeal in relation to the beneficial ownership of the FMH following a trial of preliminary issue hearing.
'Eleanor is extremely well-prepared and diligent in her preparation. She is professional and will take time with clients to put them at their ease. She is courteous to her opposition but will stand her ground.
Legal 500 2024/Family: divorce and financial remedy/Midlands Bar/Rising Star
‘Eleanor is professional and diligent and can establish strong trust with the clients. She is meticulous in her detail and can articulate her advocacy in a compelling and structured manner.’
Legal 500 2024/Family: children and domestic violence/Midlands Bar/Rising Star