Nathaniel Garner

Family

Nathaniel is a specialist family practitioner and accepts instructions in all areas of Family Law. He prides himself on his personable and straightforward approach.

He is experienced in public and private children work, as well as financial remedies.

In care proceedings, Nathaniel represents parents, local authorities, children and extended family members. He is particularly adept at representing vulnerable clients and has been instructed through the Official Solicitor.

Nathaniel has also acted on behalf of parents, children and grandparents at all stages of private law proceedings, including complex finding of fact hearings.

In financial remedy proceedings, Nathaniel is regularly instructed to appear in applications, First Appointments, FDRs, final hearings and appeal hearings.

At the weekend Nathaniel can usually be found watching either Luton Town Football Club or North Ferriby FC. He is also a keen, albeit distinctly average, cook.

Areas of Expertise

•           Children Law: private and public law proceedings

•           Financial remedy proceedings

•           Domestic violence

Recent Cases

Public Law Children

•         Re W [2018] - counsel for the Local Authority in a 10 day High Court case involving serious neglect.

•         Re P [2018] - Junior Local Authority counsel in a High Court case involving the death of baby.

•         Re C [2019] - Junior counsel for the intervenor in a High Court case involving numerous injuries that were inflicted on a child. The case involved complex medical evidence. The expert odontological evidence was successfully challenged and the intervenor removed from the ‘pool of perpetrators’.

•         Re L [2019] - counsel for a parent in a case involving extensive bruising to two children. After cross-examination of an expert. Nathaniel successfully argued that it could not be said that the bruises were inflicted intentionally.

•         Interim care order hearings (often instructed ‘last minute’ in cases including those involving inflicted injury and factitious and induced illness).

•         Finding of fact and final hearings of varying complexity.

•         Secure accommodation orders.

•         Applications for leave to oppose adoption orders.

Private Law Children

•         Re B [2018] - over the course of a 4 day finding of fact hearing, Nathaniel represented a parent who was alleged to have sexually abused his two children. Findings were not made against Nathaniel’s client and the children now enjoy spending regular time with their father.

•         Re L [2018] - for around a year, Nathaniel represented a mother through the Official Solicitor in her application for a child arrangements order. The case concluded with a favourable outcome for all involved.

•         FHDRA and DRA hearings.

•         Finding of fact and final hearings.

Financial Remedies

•         C v C [2019] - Nathaniel successfully resisted an application to vary spousal maintenance payments and secured a substantial costs order in his client’s favour.

•         Z v Z [2019] - after a 2 day final hearing, Nathaniel secured the transfer of the former matrimonial home into his client’s sole name where it was the only asset of any substantial value, save for a fairly small pension.

•         K v K [2016] - Nathaniel successfully resisted an application for permission to appeal in a case where the asset base was circa £1 million.

•         First appointments, FDRs and final hearings.

Domestic violence

•         U v U [2016] - 4 day final hearing involving allegations of serious violence.

•         Applications for non-molestation orders. Such hearings will often also include an application for an occupation order.

Nathaniel is happy to provide advice in conference and in writing, where appropriate.

Reported cases

Re B (A Child) [2017] EWFC B11 – representing the Local Authority in a composite final hearing involving allegations of inflicted injury.

Seminars and articles

Nathaniel often speaks at Chambers’ seminars and at the offices of instructing solicitors.

            His recent seminars include:

•         Relocation, relocation, relocation – March 2017

•         Private Law update – June 2017

•         HRA damages and other relief in public law proceedings – October 2017

•         Public Law update - October 2017

•         Parents with learning disabilities in care proceedings: an important reminder - April 2018

•         Covert recordings in private law proceedings - October 2018

•         Financial remedy update - November 2018

             His recent articles include:

•         Internal relocation – a change in the landscape? – January 2016

•         Intervenors in financial remedy proceedings – February 2016

•         Self-incrimination in public law proceedings – June 2016

•         Child witnesses in care proceedings – June 2016

•         Can the court refuse to hear an application for an ICO after an unsuccessful application for an emergency protection order? – February 2017

•         ‘Getting your ducks in a row’: the danger of deficient local authority assessments – March 2017

•         Lack of secure accommodation: “Blood on our hands”? – October 2017