Miriam Best

Private Children Law

Miriam appeared in the Court of Appeal in Re H-N and Others (Children) (Domestic Abuse: Finding of fact hearings) [2021] EWCA Civ 448, led by Charles Hale KC and Rebecca Foulkes. The case concerned allegations of coercive and controlling behaviour; when and how fact-finding hearings should take place and the interplay with criminal law principles. Miriam presented a Resolution seminar on the Court of Appeal judgment. Subsequently, Miriam appeared in the first reported case following the guidance in Re H-N namely Re JK (A Child) (Domestic Abuse: Finding of Fact Hearing) [2021] EWHC 1367 (Fam).

Miriam is regularly instructed in complex private law matters across all stages of proceedings including enforcement. She frequently acts in cases involving serious allegations of domestic abuse, coercive and controlling behaviour, parental alienation and consolidation with proceedings under the Family Law Act 1996. Miriam has extensive experiences in lengthy fact-finding hearings and working with vulnerable clients and witnesses. Miriam also specialises in applications made by grandparents for contact.

International Children Law

Miriam was second junior for the father in his appeal against a refusal to summarily return the children to Mauritius (C v M (A Child) (Abduction: Representation of Child Party) [2023] EWCA Civ 1449). The case was joined with Re D (Abduction: Child’s Objections: Representation of Child Party) [2023] EWCA Civ 1047.  In the two judgments the Court of Appeal gave guidance on the proper role of a ‘solicitor-guardian’ in child abduction proceedings under the Hague Convention.

Miriam represented the father in A v B & Anor [2023] EWHC 3041 (Fam). Miriam persuaded the court to make what the Judge described as a ‘highly unusual’ order for the interim return of the child to Ireland, pending the final hearing of her client’s application for summary return under the Hague Convention.

Miriam appears in the High Court in child abduction matters and represents parents in applications for leave to remove to Hague and non-Hague Convention countries. Miriam appeared in C v R [2022] EWHC 3588 (Fam), FJ v LT [2023] EWHC 1783 (Fam), J.W.K v D.A.W [2022] EWHC 2597 and J (A child : Hague Child Abduction Convention: Physical Chastisement and Homophobic Abuse) [2018] EWFC 85 by way of examples. Miriam also appeared in SZ v DG & PG v LG [2020] EWHC 881 (Fam) seeking permission to make an Article 21 application whilst a Section 91(14) order was in place against her client. She has also represented parties in committal applications following non-compliance with passport orders.

Public Children Law

Miriam was led by June Venters KC in a long-standing public law case, in which they represented a vulnerable mother who required the assistance of both an intermediary and interpreter. The case the Judge had to determine the remit of questioning that could be put to a child making allegations of sexual abuse: Re E (A Child: Questioning of Vulnerable Witness) [2019] EWHC 3808 (Fam). There was a lengthy fact-finding hearing (Re E (Care Proceedings: Fact Finding) [2020] EWFC 24) and welfare determination (Re E (Care Proceedings: Welfare Determination) [2021] EWFC 52), both spanning a number of weeks and a large quantity of expert evidence.

Miriam also maintains an active public law practice of her own, acting for local authorities, parents and children’s guardians in proceedings involving domestic abuse, sexual abuse, substance misuse and mental health problems. She also has experience in secure accommodation orders, forced marriage and deprivation of liberty. Miriam in particular successfully represented a mother opposing both a recovery order and deprivation of liberty order for her 17-year old vulnerable son to be placed in a residential placement. She has also assisted in training expert witnesses at the Royal College of Paediatrics and Child Health.

Family Finance

Miriam has frequently represented clients at all stages of financial proceedings, including First Appointments, FDRs, Final Hearings and applications for MPS, enforcement and variation. She has assisted with drafting Section 25 statements and First Appointment documentation on a regular basis. Miriam has also successfully represented a client to obtain a declaration of marital status following a Syrian marriage and subsequent divorce.

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