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Barristers

Martin Kingerley KC

Work Department

Family

Position

Martin Kingerley KC is a family law barrister who specialises in the law relating to children. His practice encompasses the most serious and complex private and public law cases. Martin is also renowned for his expertise in respect of surrogacy, assisted conception other aspects of the HFEA 2008 and he regularly advises and represents parents and fertility clinics both within the UK and internationally.

Martin is much sought after in cases which involve fact-finding hearings in respect of domestic abuse, parental alienation, intractable disputes and domestic and international relocations.

Martin is Head of the Children Team at 36 Family.

In 2018, Martin was appointed as a Recorder. He sits as a Judge in the Family Court on the South-Eastern Circuit

Notable/Recent Cases

Re Z (Embryo Adoption: Declaration of Non-Parentage) [2018] EWFC 68, [2018] 4 WLR 169
Acted for pro bono for the successful applicant mother. Advised on, sought and obtained a declaration of non-parentage in this important authority which highlights the pitfalls and legal implications of undertaking fertility treatment outside the UK.

BT & GT (Children: Twins-Adoption) [2018] EWFC 76
Represented twins, via their children’s guardian, in these factually and legally complex proceedings. Following findings of ‘incompetence and social work failings of the local authority’ advised on and obtained significant damages for breaches of the twins’ human rights.

Re C (A Child) [2016] EWHC 3473 (Fam)
High Court proceedings which clarify the extent to which children in care are able to consent to being deprived of their liberty.

PD, SD, JD and X County Council [2015] EWHC 4103 (Fam)
In these complex and emotionally sensitive proceedings, Martin acted for the local authority and sought clarification as to the extent to which an adopted child (who was diagnosed with gender dysphoria) was permitted to exclude his adoptive parents from all aspects of his life including relating to medical treatment.

In the Matter of the HFEA 2008
(Cases A-H Declaration of Parentage) [2015] EWHC 2602 (Fam) – Munby P – Groundbreaking multi party litigation concerning declarations of parentage in cases of assisted conception.

Career

Year called: 1999

Year of Silk: 2020

Memberships

Queen’s Counsel – 2020 Head of the Children Team – 36 Family Leicester and Leicestershire Family Justice Board Member (Chair) 2014 – 2020 Recorder – Family Court – 2018 Lincoln’s Inn Family Law Bar Association Midland Circuit Chairman Leicester and Leicestershire Family Justice Board Education and Training sub-committee Member of Resolution
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