Francesca Wiley KC, MCIArb

Practice Overview

• Children (Private Law)

  Francesca is an expert in representing parents in the most difficult and intractable Private Law matters, some of whom are victims of life changing allegations from their partners and / or children to stop contact. Clients have often been separated from their children for significant periods of time or find themselves falsely accused of serious criminal offences against their ex-partners and children. Such cases often involve disputed facts requiring fact-finding, in which she is particularly experienced.

  Francesca is also frequently instructed in the most sensitive contact disputes including cases where addiction in the family may be an issue as well as cases where parents have hitherto undiagnosed mental health and personality difficulties impacting upon the litigation and the approach taken to the children. Her clients include very high-profile individuals and professionals including doctors, lawyers, celebrities and many whose professional bodies require allegations made against them to be urgently resolved, often in order to continue to work.

  Notable cases in this area include:

  Re D (A child) (Appeal Out of Time)[2020]EWHC 1167 (Fam)

  MDR v MDR (Suspended Residence Transfer – parental alienation)[2019]EWHC B61 Fam

  Re J and K (Children: Private Law) [2014] EWHC 330 (Fam)

  T v S (Wardship) [2012] 1 FLR 230

  PA v CK and Ors [2018]EWHC 2004 (Fam)

• Children (Public Law)

  Parents, grandparents, carers, Guardians and Local Authorities regularly instruct Francesca in the most serious Public Law cases at High Court and Appellate level. In particular, she specialises in cases involving very significant injuries and/or the death of children in disputed circumstances, as well as child sexual abuse, trafficking, radicalisation and forced marriage. Often, in these cases, the police have not prosecuted or are awaiting charging decisions. She often undertakes cases involving serious head injuries, where there may be potential genetic and other underlying blood and bone disorders present, as well as those in which the medical evidence is so complex that the experts cannot agree.

  Notable Cases in this area include:

  A County Council v L and Ors [2021]EWHC 48

  Re D (A child)(Appeal Out of Time)[2020]EWHC 1167

  X RE [2015] EWFC B168 (12 May 2015)

  GO v EN & Ors [2014] EWHC 3622 (Fam) (17 October 2014)

  Peterborough County Council v SU & Ors [2014] EWFC B92

  Surrey County Council v AB & Others [2014] EWHC 1115 (Fam)

  Re C (Family Assistance Order) Magistrate's Court of the Falkland Islands (2014)

  Re A and B (Wardship and Supervision Order) Falkland Islands' Supreme Court (2013)

  Re A and B (Reporting of Judgment) Falkland Islands' Supreme Court (2013)

  Re J (Child Giving Evidence) [2010] EWHC 962 (Fam) 2 FLR 1080

  Re S (A Child) [2009] EWCA civ 945 Re M [2007] 2 FLR 1006  

• International Family Law

  Francesca specialises in cases both in Private and Public Law which have an international element. She regularly undertakes cases where one party seeks to relocate out of the jurisdiction and has been involved in cases involving Europe, Asia, Africa, Australia and New Zealand, the Middle and Far East.

  Francesca represented the children of the Falkland Islands over several years and represented Lord Monson in relation to the death of his son Alexander in Kenya.

• Arbitration

  Francesca is a qualified Arbitrator of many year's experience and brings her experience as an advocate and parent to the task of assisting parties to settle cases without resorting to court. She maintains a strong emphasis on avoiding ‘blood-letting’, avoiding damaging litigation and assisting parties to move forward in their co-parenting relationship, despite difficult separations.

• What the Directories Say

  "Courts give her a huge amount of respect. She is incisive in cross-examination and will normally get a fantastic result against the odds." Band 3 (London), Band 2 (South Eastern) - Chambers and Partners, 2023

  "Francesca is absolutely first class - forensically intellectual, extremely focused and really approachable. She is an excellent advocate." Band 3 (London), Band 2 (South Eastern) - Chambers and Partners, 2023

  "She is a powerhouse of an advocate. If you have a difficult case and you think your client isn't being listened to, you should absolutely go to her. She really gets people to step back and realise what's going on." Band 3 (London), Band 2 (South Eastern) - Chambers and Partners, 2023

  "Francesca is very thorough and her advocay is impressive." Band 3 (London), Band 2 (South Eastern) - Chambers and Partners, 2023

  "Francesca is a very hands-on and down-to-earth barrister who gives practical and tactical advice of the highest order. As complicated as issues may be, she is able to distil the issues into essential and digestible pieces to enable the client to understand the legal issues in the case. She is reassuring, focused and persuasive in court." Tier 2 - Legal 500, 2023

  "She is robust and no-nonsense; she fights for things that really matter and has a clear sense of justice. For a QC she's very approachable and empathetic, and is creative in her approach." "Her knowledge of children law and her skills with the client are second to none. Fierce as an advocate and sees things in ways others don't." Band 3 - Chambers and Partners, 2022

  "A powerhouse of an advocate with a fearless and brave style. Her work in the parental alienation sphere is second to none. Francesca is loved by clients and a joy to work with." Tier 2 - Legal 500, 2022

  "Is astonishingly bright, fearless and effective both in and out of court." Tier 3 - Legal 500, 2020

  "She has the complete command of the court room and judges seem in awe of her." Legal 500, 2019 

  "A robust advocate, who is extremely bright and provides defined strategies." Legal 500, 2017

  "An outstanding barrister." Legal 500, 2015

• Notable Cases

  A County Council v L & Ors [2021] EWHC 48 (Fam)

  Re D (A Child) (Appeal out of Time) [2020] EWHC 1167 (Fam)

  MDR v MDR (Suspended Residence Transfer – parental alienation)[2019]EWHC B61 Fam

  PA v CK & Ors [2018] EWHC 2004 (Fam)

  Brighton and Hove City Council v X and Others (Leave to Withdraw Care Proceedings) (25 April 2017)

  X RE [2015] EWFC B168 (12 May 2015)

  GO v EN & Ors [2014] EWHC 3622 (Fam) (17 October 2014)

  Peterborough County Council v SU & Ors [2014] EWFC B92

  Surrey County Council v AB & Others [2014] EWHC 1115 (Fam)

  Re J and K (Children: Private Law) [2014] EWHC 330 (Fam)

  Re C (Family Assistance Order) Magistrate's Court of the Falkland Islands (2014)

  Re A and B (Wardship and Supervision Order) Falkland Islands' Supreme Court (2013)

  Re A and B (Reporting of Judgment) Falkland Islands' Supreme Court (2013)

  T v S (Wardship) [2012] 1 FLR 230

  Re J (Child Giving Evidence) [2010] EWHC 962 (Fam) 2 FLR 1080

  Re S (A Child) [2009] EWCA Civ 945 Re M [2007] 2 FLR 1006 

• Recent Cases

  Representation of very many professionals, high net worth individuals and celebrities in private law cases, including where there are allegations of child or spousal abuse.

  Relocation applications by parties for children both nationally and internationally.

  Representation of a father accused of the murder of his daughter.

  Representation of several mothers accused of attempted murder and murder of children.

  Representation of different local authorities where parents are accused of murder, attempted murder, GBH and sexual abuse.

  Representation of several clients accused of causing serious brain injuries, grievous bodily harm, sexual abuse of babies and children.

  Representation of parties in cases where allegations of human trafficking are raised.

  Representation of parties where allegations of radicalisation are raised.

  Representation of many parents in care and private law where allegations of rape, coercive control and domestic abuse are raised.