Alex Aspinwall

Alex joined FOURTEEN as a tenant following a three-month probationary tenancy ending in December 2022. He now welcomes instructions in all areas of family law and has experience acting for clients at both first instance and appellate levels.

Alex is regularly instructed in financial remedy proceedings and has appeared in cases involving joinder of 3rd party intervenors, disputes as to assets held under trust and property held internationally. He regularly appears in First Appointments, FDRs, and Final Hearings. Alex is currently acting as junior to leading counsel in complex High Court proceedings.

Alex has a particular interest in cases involving an international element. He recently appeared on behalf of the respondent mother in published article 13(b) Hague Convention proceedings. Judgment was reported as XK v JY [2023] EWHC 2996 (Fam). Alex has also appeared in the High Court opposing enforcement of a foreign return order under article 11 of Brussels IIa and is currently involved in a case concerning conflict between domestic proceedings, proceedings in a foreign jurisdiction and overlapping extradition issues.

Alex has experience conducting protracted fact-finding and final hearings in private child law proceedings. He recently represented the applicant father in the reported matter of Re A-M & Anor [2023] EWFC 124, a case involving significant allegations of abuse across multiple jurisdictions. He further appeared in the reported matter of The Mother v The Father [2024] EWFC 139.

Alex regularly appears in public law proceedings. He particularly enjoys engaging with unusual and novel points of law and recently appeared in proceedings concerning interplay between the making of a Special Guardianship order alongside a Prohibited Steps order.

Before completing pupillage, Alex was a paralegal at boutique Mayfair solicitors Peters May and assisted on a broad range of family law matters. Alex maintains a strong academic interest in family law stretching back to his research thesis and time spent as a part-time family law academic at Durham University.

Specialist in:

Alex is instructed to act on behalf of parents in a whole range of private law disputes. He has experience conducting extended fact-finding hearings (recently representing the party making serious allegations of abuse in an 8-day listing) and in cases involving otherwise intractable disputes. Alex is currently involved in several cases with live issues relating to parental alienation and is able to advise or represent clients at all stages of proceedings.

Alex regularly appears in financial remedy proceedings and can represent clients at all stages of proceedings. He is currently involved in several cases involving: complex issues of beneficial/legal ownership, liquidating capital from business structures and reviewable dispositions under s37 MCA 1973. He regularly appears in both FDRs and Final Hearings.

Alex has been instructed in cases under the Hague Convention 1980 and Brussels II Revised (‘legacy’ and enforcement cases). He was recently involved in proceedings concerning enforcement of a foreign return order under article 11 of Brussels IIa and appeared for the respondent mother in reported proceedings under article 13(b) of the Hague Convention 1980 in the High Court. Alex welcomes instructions in all areas of international family proceedings.

Reported cases
24th November 2023 | [2023] EWHC 2996 (Fam)

XK v JY

Alex Aspinwall appeared on behalf of the respondent mother in proceedings brought pursuant to article 12 of the Hague Convention 1980 for summary return of a child to Slovakia. The mother opposed the application and relied on the defence set out in article 13(b) of the Convention.

Alex succeeded in establishing the grave risk of harm (limb one of the test) but the court found that sufficient protective measures existed in Slovakia to mitigate any risk to the mother and child.

Please see here for the judgment.

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10th May 2023 | [2023] EWFC 124

The Father v The mother (Re A-M & Anor)

Alex Aspinwall (for the father) and Robin Powell (for the mother) appeared in a fact-finding hearing concerning allegations of abuse made by the respondent mother. The mother raised 39 separate allegations to advance a case of controlling and coercive behaviour dating from the parties first meeting until separation. The court determined that it would only hear evidence in relation to 14 of those allegations. The father, in turn, alleged a pattern of controlling and coercive behaviour directed against him. He submitted that the children’s removal from the jurisdiction was part of a wider plan to freeze him out of their lives.

Evidence was given over the course of 4 days and counsel made submissions on (a) the proper approach to considering evidence of controlling and coercive behaviour in light of the decision in Re H-N & Ors [2021] EWCA Civ 448, (b) the approach to Lucas directions following A, B and C [2021] EWCA Civ 451 and (c) the credibility of each party and weight to be given various pieces of evidence presented to the court.

Please see here for the judgment. The court’s findings are set out at [124]. 10 findings were made against the father.

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The Mother V The Father [2024] EWFC139 Alex Aspinwall appeared for the applicant father in a final hearing set against significant findings of domestic abuse (made at a a fact-finding hearing reported as The Father v The Mother [2023] EWFC 124). The Final Hearing was listed for 4 days and saw cross-examination of two expert witnesses who both gave evidence in support of letterbox contact.

XK v JY ([2023] EWHC 2996 (Fam) ) Alex Aspinwall appeared on behalf of the respondent mother in proceedings brought pursuant to article 12 of the Hague Convention 1980 for summary return of a child to Slovakia. The mother opposed the application and relied on the defence set out in article 13(b) of the Convention.

Alex succeeded in establishing the grave risk of harm (limb one of the test) but the court found that sufficient protective measures existed in Slovakia to mitigate any risk to the mother and child.

The Father v The mother (Re A-M & Anor) one ( [2023] EWFC 124) Alex Aspinwall (for the father) and Robin Powell (for the mother) appeared in a fact-finding hearing concerning allegations of abuse made by the respondent mother. The mother raised 39 separate allegations to advance a case of controlling and coercive behaviour dating from the parties first meeting until separation. The court determined that it would only hear evidence in relation to 14 of those allegations. The father, in turn, alleged a pattern of controlling and coercive behaviour directed against him. He submitted that the children’s removal from the jurisdiction was part of a wider plan to freeze him out of their lives.

Evidence was given over the course of 4 days and counsel made submissions on (a) the proper approach to considering evidence of controlling and coercive behaviour in light of the decision in Re H-N & Ors [2021] EWCA Civ 448, (b) the approach to Lucas directions following A, B and C [2021] EWCA Civ 451 and (c) the credibility of each party and weight to be given various pieces of evidence presented to the court.

Testimonials

'I have just finished at a FDR in Maidstone on a complicated case. We instructed Alex Aspinwall who was our paralegal before coming to you. I just wanted you to know how impressed I was with both Alex’s note and his oral submissions. He is booked to represent the client for the 3 day final hearing next summer.'

'Alexander Aspinwall is an exceptional barrister, possessing very impressive technical and intellectual ability. He is assertive and tenaciously fights the client’s corner and provides high quality representation and advocacy. He is brilliant with clients and his client care is second to none. He goes over and above and complex issues are always dealt with in such a way that he is able to cut through all of the detail and assist clients through extremely challenging situations. We regularly instruct Alexander Aspinwall in complex international cases involving jurisdictional issues, cases involving serious physical abuse and complex children cases.'

'May I please start by saying HOW EXCELLENT Alex was, he was very robust, clear and very, very professional. I can only say I wish I had him from the beginning! He was really, really good and I also felt at ease when he started representing me, being confident and knowing the case inside out despite not having anything to do with it before. He was so professional and efficient.'

Scholarships & Awards

2021: Inner Temple Major Scholarship Award
2021: Inner Temple Duke of Edinburgh Award
2021: BPP Academic Excellence Scholarship

Education

Durham University- First Class Honours
Durham University- MJur Research Masters focusing on the discretionary operation of section 8 Child Arrangements Orders. Full thesis available at http://etheses.dur.ac.uk/13950/
BBP Manchester- BTPC (Very Competent)

Professional Memberships

FLBA
Inner Temple

Data Protection

Alex Aspinwall's Information Commissioner's Office (ICO) registration number is ZB227780.
Please see here for his Data Privacy Notice.