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Siân Smith - 42BR Barristers

Siân Smith

Call 2003
Telephone 020 7831 0222 | Email [email protected]

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Siân Smith

Call 2003
Telephone 020 7831 0222 | Email [email protected]

Profile Privacy Notice vCard

Siân is an experienced and skilful advocate specialising in financial and children matters. She is joint head of the Financial Remedies team in chambers. Siân is regularly instructed in matters of complexity, providing focussed and clear advice at every stage. 

Siân is a member of the FLBA national committee (since 2016) and chairs the FLBA’s Advocacy Working Group which developed the Advocacy and the Vulnerable training for the Family Bar. Siân is one of a small number of qualified Facilitators who deliver this essential training nationally. She is therefore very well placed to cross-examine vulnerable witnesses, including children and is skilled in addressing the needs of vulnerable clients both in and out of court.

Siân regularly gives seminars and bespoke in-house training in all her practice areas. Siân is part of a team that gives lectures in private law children topics at the Judicial College. She has authored articles in Family Law, Family Affairs (FLBA Newsletter) and Counsel Magazine. Siân is a member of the Family Law Week team providing questions for the financial remedies CPD programme.

Family Law

Family finances
Siân has extensive experience in matrimonial proceedings and is often instructed in cases involving international elements, trusts, businesses, third party interests and hidden assets.  She advises and represents clients in relation to pre and post nuptial agreement,  jurisdictional issues, and in high net worth cases.  Siân focuses on providing considered, clear and practical advice from the outset. She is extremely effective in achieving results through negotiation and in court. Siân is able to assist on applications for financial provision under Schedule 1 of the Children Act 1989 and financial disputes between cohabitees under the Trusts of Land and Appointments of Trustees Act 1996.   Siân is available to represent clients in arbitration and at private FDRs to act as a private FDR Judge.

Children
Siân is a very experienced children practitioner who puts her clients at ease whilst providing expert representation.  She undertakes the full range of private law children matters often representing parents and family members in cases involving complex factual and legal issues including international and jurisdictional disputes.  She has expertise in cases involving allegations of coercive control, economic, sexual and physical abuse as well as intractable contact disputes and allegations of parental alienation.  Siân’s background in public law work means that she has a wide experience of cases where local authorities are involved including where there is complex medical evidence or allegations of non-accidental injury, sexual abuse, fabricated or induced illness, neglect, substance misuse and emotional abuse.  She advises on applications involving specific welfare issues such as proposed relocations (UK and abroad), religious upbringing and school selection.

Notable Cases

  • K v K - Financial remedy proceedings involving determination of third party interests in investment properties.  
  • M v C - Complex financial remedy proceedings involving a third party application for a charging order as well as pre and post separation financial conduct allegations.  
  • N v S - Application for variation of periodical payments orders in high net worth case.  
  • B v W  - Application for permission to relocate to the USA and cross-applications for residence.   
  • L v P - Jurisdictional dispute between Scotland and England in children proceedings.  
  • C v S - Non-Hague abduction wardship case involving Pakistan.    
  • D v D - Fact-finding hearing in children proceeding concerning allegations of coercive and controlling behaviour.  
  • G (Children: Intractable Dispute) [2019] EWCA Civ 548
  • Y (A Child) (S.38(6) Assessment) [2018] EWCA Civ 992
  • P-G (Children) [2015] EWCA Civ 1025
  • Hampshire County Council v A, B, C, D & E [2015] EWFC B186

Direct Access

Siân accepts instructions directly from members of the public under the direct public access scheme.

Areas of Expertise

Related News

Financial Remedies Webinar Series

Financial Remedies Webinar Series

42BR's Family Group is pleased to present a webinar series, comprising of three sessions, in which they will explore different elements of financial remedies cases.


Published: 1st Dec 2022

Bloomsbury Family Law Conference

Bloomsbury Family Law Conference

Sharan Bhachu and Sian Gough are joining a panel discussion on children law at the Bloomsbury Professional Family Law Conference on the 16th May, at Gray’s Inn.


Published: 18th Apr 2018

Siân Gough acted for the younger children in the case of Hampshire County Council v A, B, C, D & E [2015] EWFC B186

Siân Gough acted for the younger children in the case of Hampshire County Council v A, B, C, D & E [2015] EWFC B186

The 22 day final hearing took place over a period of 19 months. The local authority were found to have extensively breached the family's human rights by the unlawful removal of the children from the parents' care, failure to fairly involve the parents in the decision-making process, the deliberate failure to disclose material evidence, failure to promote family life and the failure to undertake a fair assessment.


Published: 2nd Dec 2015

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