Family.
Andrew Duncan is a specialist children's law barrister with a nationally recognised practice, reflected in his reported cases and consistent rankings in both leading legal directories.
He has developed a reputation as an approachable yet fearless advocate who combines forensic analysis with practical, down-to-earth advice.
Recognised for his calm judgement in high-pressure litigation and his ability to distil challenging evidence into clear, persuasive advocacy, Andrew is a much sought-after member of 3PB's Family Group.
Professional clients value Andrew's collaborative approach. He is a genuine team player who goes the extra mile, understands the importance of working closely with solicitors and is instructed across all levels of court allocation.
Clients value his strategic thinking and unwavering focus on achieving the best possible outcome.
Andrew has developed a particular specialism in complex trial work, including fact-finding and final hearings, where his meticulous preparation and forensic advocacy are particularly valued.
Public Law Work
Andrew’s public law practice almost exclusively involves highly complex, forensically detailed cases, with particular expertise in non-accidental injury proceedings involving fractures, burns, serious head injuries, and allegations of serious sexual abuse.
He has extensive experience acting for parents, local authorities, children (both directly and through their guardian), intervenors and wider family members in some of the most challenging care proceedings, including large-scale multi-family linked cases.
Andrew has also undertaken work internationally, where regulatory permissions allow, including leading a legal team in the Falkland Islands.
Andrew regularly appears both led by King's Counsel and against King's Counsel and frequently leads junior counsel in complex proceedings.
Private Law Work
Andrew’s private law practice is equally impressive. He focuses on representing clients in highly complex disputes where privacy, discretion and responsiveness are paramount. He is accustomed to advising high-profile and high-net-worth clients and is available at very short notice, whether remotely or by travelling to meet clients wherever required for strategic conferences.
Andrew is particularly attuned to the reputational sensitivities that often arise in cases involving high-profile or high-net-worth individuals. He has extensive experience in cases involving complex parental alienation and intractable contact disputes and, through careful and forensic cross-examination, has repeatedly exposed deeply embedded patterns of malign influence.
Andrew provides clear, direct advice and ensures that clients understand both their position and the strategic options available to them.
Andrew has appeared in numerous appeals as both Appellant and Respondent. He has successfully appeared unled before the Court of Appeal, with a number of appeals resulting in rehearing’s being ordered.
As part of his pro bono work, Andrew supports Not Beyond Redemption, providing free family law advice and representation to mothers in prison, or who have left prison, helping them to re-establish and strengthen the fundamental relationship between mother and child.
Outside of practice, Andrew enjoys spending time with family and friends together with a range of country pursuits, from fly fishing for salmon to skiing in the Alps.
Reported cases:
A v B & Ors [2026] EWFC 191 (B)
Surrey County Council v. Mother & Ors (Threshold: Proof of Domestic Abuse) [2026] EWFC 5 (B)
Re J (A Child) (Inflicted Injuries) [2025] EWFC 385
A Local Authority v. A & Ors [2025] EWFC 295 (B)
R & Anor v. Shropshire Council & Anor [2025] EWHC 1791 (Fam)
A Local Authority v T & Ors [2025] EWHC 334 (Fam)
Re X & Y (Children) [2024] EWFC 443 (B)
C (A Child)(Change of Given Name) [2024] EWCA Civ 1582
The Mother & Anor v Shropshire Council & Anor [2024] EWHC 1191 (Fam)
The Mother & Anor v Shropshire Council & Anor [2024] EWHC 344 (Fam)
A Local Authority v The Mother & Ors [2023] EWFC 166
Re D & R (Children) (Fact Finding; Certain and Uncertain Perpetrator) [2023] EWFC 305
Re CM (A Child) [2023] EWFC 263 (B)
Re B & C (Children) (Cross allegations of harmful behaviour by parents) [2023] EWFC 272 (B)
Bedford Borough Council v CD & Ors (Rev 1) [2020] EWHC 3298 (Fam)
Bedford Borough Council v CD & Ors (Rev 1) [2020] EWHC 1996 (Fam)
Family
Family law barrister Andrew Duncan is regularly instructed in complex private and public law cases, often where dispute involving child protection, domestic violence, abuse or parental alienation issues are involved. His busy caseload of recent reported cases are listed above in his overview.
Other notable cases include:
Re R [2024]: Andrew represented a father accused of three separate counts of attempted rape of his daughter. This was a complex case involving third party phone data, applications for adverse inferences arising from factory re-setting phones and cognitive difficulties. After Andrew’s representation following an 8 day trial, no findings were made against his client and the Local Authority’s factual case found not proven.
Re C & M [2024]: Andrew represented an intervenor in a Non-Accidental Injury case concerning significant facial bruising to a 20-month-old child. There had been four intervenors however by the time the trial concluded, only Andrew’s client and the mother remained in the pool of perpetrators. The case against Andrew’s client was found not proven.
Re B [2023]: Andrew represented a Local Authority in a legally complex case where there was a positively assessed special guardian, and a known prospective adopter, neither of which the child lived with at the time of the final hearing. Andrew successfully obtained care and placement orders on behalf of the Local Authority following legal argument.
Re DS [2022]: Andrew represented a father where allegations were made of the most serious form of sexual abuse against both him and his brother in law. After a 10 day fact find where two sets of care proceedings were consolidated, no findings were made against Andrew’s client, who was exonerated, immediately allowed to return to the family home and the care proceedings were dismissed.
Re LM [2022]: Andrew, led by Kings Counsel, gave difficult advice to compromise an appeal brought against his client in the Court of Appeal, recognising the decision of the first instance Judge and the actions of his client was not sustainable in law.
Re RM [2022]: Andrew represented a father where significant historic findings had been made against him at an earlier fact find hearing and an application for further assessment of him had been refused. Following Andrew’s cross examination at the welfare hearing where care and placement orders were sought, the Judge acceded to Andrew’s application for expert risk assessment and an adjournment of the final hearing for that assessment to be completed.
Re D [2022]: Andrew represented maternal family members during a lengthy welfare hearing at the High Court to determine where a child would live following the killing of her mother by the father. The father was held on remand for murder throughout the duration of the trial.
Re C [2022]: Andrew sought an order for adoption on behalf of foster carers in a very complex case where the foster carers had cared for a child for almost 3 years at the time of the hearing, but where there was a positively assessed family member and the added complexity of linked care proceedings in relation to a sibling child being heard at the same time.
Re E [2021]: Andrew represented a mother, led by Kings Counsel, where the parents were in the pool of possible perpetrators following discovery of two rib fracture during a routine X-Ray. Andrew’s team brought about the withdrawal of the case by the Local Authority and the parents were exonerated.
Re T [2021]: Andrew successfully sought the transfer of living arrangements for two sibling children from the mother to the father where there had been earlier findings of parental alienation and a failed therapeutic process.
Re RN [2021]: Andrew successfully sought findings on behalf of his client of the falsification of various allegations of domestic abuse including that the mother had falsified an allegation of attempted murder.
Re L [2021]: Andrew dealt with a complex conjoined cases where the birth parents sought contact with a previously adopted sibling group in private proceedings at the same time as adoptive family were involved in public law proceedings following the breakdown of the adoptive placement.
Re CE [2020]: Andrew appeared for a mother, accused of parental alienation as assessed by a psychologist. Andrew was instructed late in the proceedings when a fact find, and welfare hearing were listed. His advice, and representation brought about agreement to the proceedings and resulted in the vacating of the fact find hearing and the child remaining in the care of his client.
Re B [2020]: On behalf of the children, Andrew successfully opposed an appeal brought by the parents and the children were removed into foster care and the conclusion of the appellate process.
Re TE [2020]: Andrew represented a father who faced a number of allegations of domestic violence over a decade. Following the fact find hearing the court found those allegations not proven and went on to find the mother was the aggressor in the relationship.
Re J [2020]: Andrew appeared as junior for a father to the sibling of a murdered child in the High Court. The case involved complex issues of non-disclosure, significant police disclosure, and a forensic enquiry into the conduct of foster carers at the welfare stage.
Re P [2019]: Andrew acted for the children where he sought the transfer of living arrangements of two children who were living with the mother to their father’s care. This was a complex parental alienation case where the mother had previously made serious allegations of abuse against the father. The children were successfully transitioned at the conclusion of the case.
Re H [2019]: Andrew appeared for a mother who made allegations of significant domestic violence and coercive control, including gaslighting and influence of the child. The proceedings had jurisdictional issues and the court ultimately found all the allegations made by the mother proven.
Re RJ [2018]: Andrew represented a father in a parental alienation case who faced twelve allegations of physical abuse against his child made by the mother. The court found none of these allegations proven and went on to find that the mother had alienated the children from the father and that the child was at risk of significant harm in the care of the mother.
Re PD [2018]: Andrew appeared on behalf of the mother and successfully sought an order for no direct contact between a child and her father. The court made the order sought by Andrew following his cross examination of a consultant psychiatrist, community psychiatric nurse, and CAFCASS officer who had all recommended that there be direct contact between the father and the child.
Year of call: 2011
Family Law Bar Association
The Honourable Society of Lincoln’s Inn
LL.B (Hons) Law, University of Sussex, 2.1
LL.M International Law, University of Edinburgh
BPTC, BPP Law School, London, Very Competent