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In addition, the court set aside an order that a rape victim financially contribute towards a rapist parent’s costs of child contact. As submitted by Dr Proudman, the court introduced a strong presumption against a victim ever paying a perpetrator’s costs of contact. Dr Proudman successfully represented the mother following the court’s refusal to grant the Father’s application to invoke Parens Patriae and order the return of the child from India to England. The case set out the leading principles regarding when Parens Patriae can be invoked by the family courts.

Family

The child had consistently wanted to return to live with her mother. After a successful appeal, the child was separately represented and she achieved an order which allowed her to spend the majority of her time with her mother. On behalf of Kate Griffiths MP, Dr Charlotte Proudman successfully appealed an interim decision made by the family court. The court set aside an interim decision for direct contact between the child and the father (who had raped the mother) on the basis that PD12J had not been fully complied with amongst other matters.

High court judge removed from case in part due to his Garrick membership

A psychiatric report was prepared and the mother was diagnosed as suffering from an ‘adjustment disorder’ in response to the stressor of domestic abuse. Dr Charlotte Proudman represented two of the four appellant mothers at the substantive appeal hearing. The Court of Appeal handed down general guidance on the family court’s approach to allegations of rape, domestic abuse, and coercive and controlling behaviour. Dr Proudman had successfully applied for permission to appeal, out of time, in three of the four linked appeals, Re B-B, Re H and Re T. Dr Proudman was successful in overturning a consent order in the case of Re B-B in which the mother was coerced to accede to. Dr Charlotte Proudman represented the mother in a fact-finding hearing before Mr Justice Moor.

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A pivotal moment came when I represented a rape survivor in a groundbreaking case that officially acknowledged "gaslighting" as a form of domestic abuse. Collaborating with fellow feminist activists, I played a pivotal role in the criminalization of forced marriage, virginity testing, hymenoplasty, and the raising the minimum age for marriage to 18. Nkumbe Ekaney QC and Dr Proudman represented the mother in an application for a FGMPO on behalf of her daughter. The local authority applied for a travel ban to prohibit a girl from leaving the jurisdiction to visit her father in Egypt due to a risk of FGM. After various expert reports, the court allowed the child to visit the father in Egypt for a short trip.

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She works on complex cases involving male violence against women that cut across crime, civil litigation and immigration law. She has represented and advised high-profile public and political figures. Charlotte was Highly Commended (as runner-up) in the Woman of the Year category and was also shortlisted for Advocate of the Year, at the Women and Diversity in Law awards 2024, having previously won the ‘Advocate of the Year’ at the same Awards in 2023. She was named ‘Hot 100’ by the Lawyer 2021, she was highly commended for ‘Junior Family Law Barrister of the Year’ and Re H-N won ‘Case of the Year’ at the Family Law Awards 2021 and she was awarded ‘Rising Star’ at the Women in Law Awards 2020. Dr Charlotte Proudman represented a victim of domestic abuse at a fact-finding hearing where some of the mother allegations were proved. The trial Judge made comments about the mother’s intelligence along with other remarks about the mother when making findings about rape and non-fatal strangulation, which the Judge found not proved.

The father and Cafcass children’s guardian had alleged parental alienation by the mother and asserted there were no safeguarding concerns posed by the father. Third, Dr Proudman represented the mother at a retrial before His Honour Judge Baker where the father alleged parental alienation and the mother alleged abuse. The mother’s allegations of rape and other forms of abuse including to the child were found to be true. Dr Proudman was successful on appeal on behalf of a mother in overturning a fact-finding decision in which no findings were made on the mother’s allegations of rape, domestic abuse and coercive and controlling behaviour. The appellate court also highlighted that the family court does not need to find “intentional misconduct” for a finding of abusive behaviour to be made (§40). The appellate court also held that there is a duty on the court to ensure that there are special measures in place to assist a vulnerable witness to give her best evidence.

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She is accused by the Bar Standards Board of tweeting misleading information that “inaccurately reflected the findings of the judge in a case in which she was instructed”. There is no suggestion that Cohen and Havers discussed this case or any work matters or ever met at the central London club. But it highlights some of the issues around public perception raised by the membership of significant numbers of Britain’s most senior judges of a club that has resisted calls to allow female members since the 1960s. FGM–health, law, education and sustainable goals through upstream and downstream approaches. “Charlotte has excellent knowledge in the area of female genital mutilation law.

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Dr Charlotte Proudman represented a victim of domestic abuse who was abused by her ex-partner, a senior social worker. The mother appealed the trial Judge’s refusal to disclose findings of domestic abuse to the father’s regulatory body, Social Work England. The mother was successful in her appeal and the Judge handed down guidance on the court’s approach to addressing applications to disclose court judgments to regulatory bodies. Two journalists made an application to publish the fact-finding judgment of HHJ Williscroft with the parent’s names. This application was supported by Ms Kate Griffiths MP who was represented by Dr Charlotte Proudman. The court highlighted the importance of a victim of rape, domestic abuse and coercive and controlling behaviour having the right to ‘tell their story’ and the family court should not be used by perpetrators to silence victims.

The decision shows the serious orders that can be made by the family courts in domestic abuse cases to ensure that children are not harmed in the family household. Dr Charlotte Proudman represented the appellant mother at an appeal hearing in which she successfully set aside a child arrangements order made by consent. Findings of rape of the mother post-separation and during/after child contact and other forms of domestic abuse had already been made at a fact-finding hearing.

She demonstrates commitment to and passion for this area of work. I have been most impressed by her professionalism and swift response especially with pro bono cases that are often at very short notice. On behalf of the families that Charlotte has supported and is continuing to support, I would like to send her our sincere gratitude”. “Charlotte has excellent knowledge in the area of female genital mutilation law.

Charlotte is experienced in judicial review cases that overlap with family law including asylum claims, unaccompanied minors, Article 8 ECHR and domestic violence ILR route. With extensive experience in violence against women and girls internationally, Charlotte specialises in cases involving FGM, honour-based violence, trafficking for the purposes of sexual exploitation and religious conversion. Dr Proudman was instructed in a public law children fact-finding hearing in which they represented private foster carers who had fostered a child for several years. The judge found that the parents abandoned the child and the local authority breached its duties under the private fostering regulations.

The case concerned general propositions and the individual appeal. The individual appeal concerned the trial judge applying the criminal law to allegations of rape; no reference given to PD12J or H-N; and attributing too much weight to a resumption of sexual relations after the alleged rape. The appeal was dismissed and the approach of Knowles J to such cases used in first appeal approved, see A & Anor v B & Ors [2022] EWHC 3089 (Fam) (02 December 2022). Dr Charlotte Proudman represented a mother at an appeal hearing in the High Court that addressed issues of sexual coercion and submission within marriage. The mother alleged that she ‘submitted’ to sex in the context of a strict religious marriage and that this was a form of sexual abuse.

This case shows how the family courts approach cross-allegations of domestic abuse made by parents, as well as considering the potential impact of the alleged abuse on the parent and child. Dr Charlotte Proudman represented the mother in a transparency order case at a fact-finding hearing where the mother proved she was a victim of rape and domestic abuse perpetrated by the father (see, DG v KB [2023] EWFC 180). The judge held that it was not necessary for the mother to undergo a psychological assessment to prove the impact of rape and domestic abuse upon her, as it would be obvious that rape would cause long-lasting psychological harm. The judge referred to any contact with a rapist father as court-sanctioned abuse. Dr Charlotte Proudman successfully represented the mother who made out her Article 13(b) harm defence, thus the father’s application for return was dismissed. The court made findings that the mother was the victim of domestic abuse, including coercive and controlling behaviour, and the father had breached a non-molestation order.

The Garrick’s membership also includes about 150 KCs, dozens of serving and retired judges, current and former ministers in the Ministry of Justice, and numerous senior solicitors. Each new edition of my newsletter will be delivered straight to your inbox. Additionally, you can easily stay updated on my latest legal cases and impactful campaigns by following my social media accounts.