Practice Summary
Manisha is a specialist Children Law Barrister who practices in both public and private law proceedings. She has been ranked in the Legal 500 as a tier one leading family junior for a number of consecutive years and brings a wealth of experience and expertise beyond her year of call. Manisha has acted as both a led junior and leading junior and her work frequently has an international dimension involving child abduction, relocation, jurisdiction disputes and transfer issues. Manisha is recorded in the Legal 500 as having “solid experience in cases involving potential international relocation / abduction of children.”
Manisha regularly represents both public bodies and private individuals in complex proceedings and provides a wide knowledge base as well as determined and thoughtful representation at all levels of Tribunal. She has appeared in the Court of Appeal alone, appears regularly in the High Court and is regarded as a skilled advocate with a real flair for putting people at ease. Manisha has acted and continues to act for all parties including parents, grandparents, interveners, children’s guardians, young people competent to instruct their own representatives and local authorities. Manisha has also been instructed on numerous occasions on behalf of the Secretary of State for the Home Department and also the Official Solicitor and accordingly has extensive experience with the most vulnerable clients.
Manisha is experienced in cases involving non-accidental injury, child death, sexual abuse, serious domestic violence, fabricated/induced illnesses, proceedings set in sensitive cultural contexts and in particular proceedings with an international element. In private law proceedings Manisha further has substantial experience of cases where there are domestic and international disputes as to jurisdiction and location, serious allegations of violence or abuse and parental alienation.
Manisha has extensive experience in representing and cross examining vulnerable parties, deploying detailed cross examination of expert witnesses and providing a rigorous analysis of medical evidence and electronic data. She further has experience of working with and without intermediaries and representing clients with various cognitive challenges. Manisha has also undertaken the FLBA Vulnerable Witness Advocacy Training, which further enhances her expertise and advocacy skills in cases involving vulnerable witnesses.
Manisha can provide specialist advice and representation at all stages, with particular emphasis on the following matters:
- International Child Abduction, including emergency injunction applications, applications for summary return under the Hague Convention 1980, the recognition and enforcement of foreign orders relating to the Hague Convention 1996
- International relocation of children
- Wardship / inherent jurisdiction
- Placement, Nationality and immigration issues arising specifically in care proceedings eg when the court looks at alternative carers or contact arrangements outside the jurisdiction
- Asylum, Immigration and Nationality cases involving children - this includes private law proceedings where there are ongoing challenges to decisions of the Secretary of State for the Home Department
- Cases involving forced marriage, trafficking and FGM
- Cases involving counter-terrorism, parental extremism and childhood radicalization
Notable Cases
Re L [2024] - Instructed on behalf of the Secretary of State for the Home Department to intervene in adoption proceedings before the High Court where it was contended that the proceedings were being misused to gain a right of abode and undermine immigration policies and procedures. Manisha advised the SSHD on both immigration and family law and represented the SSHD in the family law proceedings.
Re T [2023] - Led Becky Jane from KBW in opposing a family placement abroad on behalf of a Local Authority in public law proceedings. Addressed complex matters pertaining to international social work assessments including requirements related to securing family placements abroad and difficulties associated with monitoring, contingency planning and parallel orders.
Re G [2022] - Represented a Local Authority in public law proceedings involving complex allegations of female genital mutilation and forced marriage. The allegations concerned multiple children within a blended family where there were ongoing immigration issues and abduction concerns.
Re A [2022] – Represented a Local Authority before the High Court in international public law proceedings where issues of abandonment, trafficking and serious emotional abuse were raised. International social workers, agencies and immigration experts were instructed across three different jurisdictions with a final care plan for long term foster care being approved in this jurisdiction.
Re H [2022] – Represented a Local Authority in public law proceedings involving serious findings of false imprisonment and neglect involving vulnerable adults. The Family Court were invited to determine additional allegations in respect of a further vulnerable adult not addressed in the criminal proceedings. The further vulnerable adult had been utilised by the parents to assist in the imprisonment of the first vulnerable adult. The Family Court accepted the evidence and representations in respect of future risk of neglect, physical and emotional harm which faced the subject child.
Re M [2021] – Represented the respondent father of two children in public law proceedings before the High Court, led by Sarah Morgan KC (now the Honourable Mrs Justice Morgan). Allegations of international child abduction and serious domestic abuse were raised. The proceedings further involved three different jurisdictions. The case successfully concluded with a care plan involving the return of the children to their father.
Re H [2021] – Leading Junior for a Local Authority in public law proceedings, which included a separate hybrid finding of fact hearing to address allegations of fabricated and exaggerated illness by the mother. Manisha led Becky Jane of KBW Chambers in this matter. The case involved extensive oral evidence from 20 witnesses, including substantial cross examination of the mother, numerous professionals and expert witnesses.
Re S [2021] - Represented a father in public law proceedings in one of the first cases involving a European transfer to be heard post exit day from the European Union. At the time of the final hearing the available avenue for transfer was no longer via the Brussels IIa Regulation. Accordingly a then novel application was advanced for transfer via the 1996 Hague Convention, as set against the new legal climate following Brexit.
Re D [2020] – Advised and represented the Local Authority in a rare and successful interim application for the return of multiple children to the UK via the Brussels IIa Regulation.
Re Z [2019] – Advised and represented the Local Authority before the High Court in a matter where the jurisdiction of the court was contested. The child concerned was born in the UK with complex health problems including Downs Syndrome and feeding via a PEG system. The family previously fled the UK to Slovakia and averred they returned for medical treatment only. The child presented on return with life threatening symptoms. Following a disputed hearing on jurisdiction, involving substantial oral evidence, the High Court ultimately agreed with the Local Authority’s novel application of the Brussels IIa regulation and case for retaining jurisdiction.
Re Q - Represented a father in private law proceedings in a contested application for contact where serious and multiple allegations of rape, sexual assault and physical abuse had been advanced against the father. The matter involved a lengthy finding of fact hearing in which the mother was ultimately found to have fabricated many of the sexual allegations and substantially exaggerated her evidence in other areas. The father further had an outstanding immigration claim and accordingly the case required knowledge and advice on relevant aspects of immigration law.
Re G – Represented a father in multiple sets of proceedings concerning firstly the relevant child arrangements and thereafter the enforcement proceedings brought by the father against the mother in relation to the ordered arrangements. The mother was ultimately found to be in breach of the existing order without any reasonable excuse and made subject to a financial penalty and unpaid work.
Re M – Acted on behalf of a vulnerable mother in private law proceedings in an application for contact where the mother suffered from severe learning difficulties and allegations of serious child neglect had been advanced against her.
Re D – Represented a father in private law proceedings in which the father wished to prevent the mother from relocating to China, where the parties had previously lived. The child arrangements ordered were favourable to the father and thereby prevented the mother from relocating with the children.
Practice RecommendationsLegal 500 [2024] – Family Law Leading Junior (Tier One) – “A thorough and well prepared Barrister who provides clear advice that is proportionate and sensible.”
Legal 500 [2023] – Family Law Leading Junior (Tier One) – “Manisha Marwaha has a forensic and detailed approach and is a supportive advocate for lay clients.”
Legal 500 [2022] – Family Law Leading Junior (Tier One) - “A patient, robust and determined junior. Very knowledgeable and forensic.”
Legal 500 [2021] – “A strong advocate, able to easily establish a relationship with lay clients putting them at ease.”
Legal 500 [2020] - “Manisha Marwaha has considerable experience in cases with an international aspect as well as representing vulnerable clients.”
Legal 500 [2019] – “Manisha Marwaha has solid experience in cases involving potential international relocation / abduction of children.”
Legal 500 [2018] – “Very personable and diligent; clients like her.”
Additional Information
Manisha sits as a Recorder (part-time Circuit Judge) in Family and also as a fee paid Immigration Judge in the Immigration and Asylum Chamber of the First Tier Tribunal.
Manisha continues to provide specialist webinars and in house training on matters concerning international family law. Manisha provides this service for a number of educational providers and professional clients. Manisha is happy to contribute to other events and publications on request and can provide webinars, seminars and training for practitioners as well as third parties including legal and childcare professionals.
Manisha is happy to accept instructions directly from members of the public and professional clients, in appropriate cases, under the Direct Public Access scheme. Manisha can offer a variety of services from the provision of initial advice on the merits of a case and the undertaking of drafting work, to representation at court hearings.
Manisha spent four months working as a Human Rights Advocate in the north of India for a ground roots organisation dealing with numerous issues including the rights of children. Her work quickly gained her relevant experience in dealing with vulnerable individuals engaged in highly sensitive matters. Such matters included serious violence and abuse being administered against children and women within villages and police stations. Manisha also conducted seminars and workshops for State Police and Local Bar Associations whilst in India.