Matthew Warmoth

Matt regularly represents applicants and respondents in private law Children Act 1989 proceedings. He also has experience in representing 16.4 Guardians in complex proceedings.

Matt has experience at all stages, from pre-proceedings conferences through to final hearings. He is instructed in simple and complex matters alike and successfully completed a 6-day fact-finding hearing involving numerous serious allegations of harm.

Some of Matt’s cases include:

• Representing a father in resisting allegations of serious sexual assault. The case concluded with a joint “lives with” Order being granted in favour of the father;
• Resisting an Order for teenage children to spend time with their father who they alleged was abusive towards them;
• Concluding a case which had previously involved implacable hostility and intractable opposition to contact by a child (which included the appointment of a 16.4 Guardian) by consent, with a clear route to re-establishing and increasing direct time with the father;
• Prohibited Steps Order applications preventing removal from the care of a parent or removal from the jurisdiction;
• Specific Issue Order applications in respect of schooling and changing names.

Matt provides practical and pragmatic advice at all stages of proceedings and endeavours to find a realistic solution to all cases. He provides seminars and lectures on all areas of law under Children Act 1989 and has recently presented a Webinar on covert recordings.

Matt regularly represents applicants, respondents and intervenors in financial remedies proceedings. He is comfortable providing advice and representing clients at all stages of proceedings. Matt is frequently instructed in cases involving complex business structures and multiple properties, as well as cases involving elements of non-disclosure, conduct and contribution. Matt is also regularly involved with lower value cases and will seek to find creative solutions in cases with limited resources.

Matt was recently led in the High Court before Cohen J in the case of AD v BD [2020] EWHC 857 (Fam). Matt was junior Counsel representing the applicant Wife in these complex proceedings which resulted in the Wife receiving over 50% of the matrimonial assets as well as substantial maintenance.

Matt is able to identify the salient issues early on and therefore ensure that the strengths of his client’s case are highlighted whilst the weaknesses are suitably insulated. Other recent cases include:

• A multi-day final hearing which required forensic cross-examination and a detailed analysis of the Court’s powers regarding Pension Sharing Orders;
• A case involving a short marriage with extensive pre-marital assets – the case successfully concluded at the Financial Dispute Resolution hearing;
• A case involving a long marriage with limited assets in which the husband sought an unequal distribution and the wife sought an equal share.

Matt is confident in providing advice in respect of Trusts of Land and Appointment of Trustees Act 1996 claims and has experience in dealing with cases involving equitable accounting as well as other equitable reliefs, such as laches. Matt is comfortable with drafting Particulars of Claim and/or Defences.

Matt has experience in representing clients in Schedule 1 Children Act 1989 proceedings. He successfully represented a father in a difficult Schedule 1 application made by a child who was at university, directly against the father.

Matt regularly provides lectures and seminars on all areas of financial remedies proceedings, Trusts of Land and Appointment of Trustees Act 1996 and Schedule 1 applications.

Matt enjoys cases with an international aspect and accepts instructions from all parties. He has a particular interest in international abduction and relocation cases.