Samara Brackley is a specialist family law practitioner and assists clients on a full range of matters and appears before all levels of the judiciary, from the Magistrates to the High Court.
Samara regularly represents parents and other family members at all stages private children law disputes, from first hearing to final hearing. This includes representing clients in factual as well as welfare disputes, such as allegations of serious domestic abuse, parental alienation, and child-on-child sexual abuse. Samara is familiar with cases involving a Children’s Guardian.
Of particular interest to Samara is international children work. She has represented clients seeking location orders in the High Court and has acted for parents in cases requesting evidence from foreign experts through ICACU. She is often instructed on cases involving parallel immigration issues. As a pupil, Samara assisted with research on cases involving habitual residence disputes and the enforcement of Child Arrangements Orders (or equivalent) from EU countries.
Samara is regularly briefed on internal or international relocation cases, or where geography has been a barrier to contact.
Samara acts for parents with mental health difficulties (including parents who have been sectioned under the Mental Health Act 2005) and has acted in cases where one party lacks capacity.
Samara has represented clients at ex parte and return date hearings for both Non-Molestation and Occupation Orders. Samara has successfully argued for Occupation Orders on very short notice (12 hours abridged service) and has acted not just for ex-partners but also for other family members such as grandchildren and parents-in-law.
Samara receives instructions in all forms of care, adoption, Court of Protection and other public law proceedings.
Samara acted for the local authority in London Borough of Southwark v F  EWHC 2189 (Fam) and as such, is developing a particular specialism in Secure Accommodation applications and procedure. This includes applications for authorisation of the Deprivation of Liberty Safeguards under the inherent jurisdiction of the High Court. In the judgment from the second day of Re F, Hayden J commented that Samara ‘worked tirelessly throughout yesterday, today and most of yesterday evening’ in the context of finding the vulnerable 14-year-old drug-running gang-member a secure accommodation placement.
Samara was formally instructed on noting briefs for multiple local authorities on cases with highly complex factual circumstances. One such noting brief required analysing 3000 pages of CPS disclosure in relation to an attempted murder within the family (this case also having a Public Interest Immunity element requiring the instruction of special advocates), and another involving social workers having tampered with evidence that had gone before the court.
During pupillage, Samara was exposed to Court of Protection work, including matters in the High Court involving the potential sexual exploitation of young women with severe learning difficulties.
Samara assists clients in all financial remedies disciplines and has experience of first appointments, FDRs and trials, including preliminary issue hearings, and maintenance and enforcement applications. Samara has run successful costs arguments pursuant to FPR r 28 at both preliminary issue hearing and at other financial remedies hearings. Samara has successfully argued for ex parte worldwide freezing injunctions under s.37(2)(a) MCA 1973 and has experience of setting aside dispositions under s.37(2)(b) MCA 1973.
Samara is familiar with cases involving factual disputes, such as add-back, post-separation accrual, third party interests in matrimonial property and inherited wealth. She also acts in cases requiring consideration of international capital and income settlements under the Maintenance Regulation.
As a pupil, Samara was exposed to cases involving high net worth assets, company valuations, share valuation reports and complex pension arrangements.
Samara accepts instructions from clients pursuing or defending claims under TLATA and financial remedies for children under Schedule 1.