Theresa McCormack

Family Barrister

theresa.mccormack@walnuthouse.co.uk

Family Law

Public law/care proceedings

Public law final hearings

Theresa is instructed in multi-day final hearings at which the Court determines whether children should be placed in care of the Local Authority, remain in the care of the Local Authority, be returned to their parents, placed with other family members or have placement orders made in respect of them.  These hearings frequently involve Theresa questioning psychologists, psychiatrists, parents, Children’s Guardians and social workers.  The allegations raised within these proceedings frequently include the parents’ involvement in domestic violence; their use of illegal substances; mental health diagnoses and difficulties; involvement in criminal activity and physical, emotional, psychological and sexual harm to the children. Theresa has been involved in cases where one parent has killed the other and with people who have killed children and thereafter seek orders to spend time with their own.

Theresa has completed the Family Law Bar Association’s Vulnerable Witness Training Course and is, therefore, accredited to cross-examine those considered to be vulnerable.

Interim contested hearings

Theresa has a wealth of experience of successfully representing Local Authorities at contested interim removal hearings and equally sensitive contests on the issue of the secure accommodation of young adults.

Parties represented

Theresa has extensive experience acting for Local Authorities, children, parents, members of the extended family and the Official Solicitor in care proceedings. Naturally, they include clients with learning difficulties, vulnerable adults and those unable to provide instructions.

Private Law

Private law final hearings

Theresa is instructed to represent parents, children and members of the extended family at contested final hearings.  At these hearings, the Court determines matters such as which parent children should live with, shared care arrangements, how often they should spend time with their non-resident parent, which schools children should attend and what surnames they should be known by.

Fact-finding hearings

Theresa often represents victims and alleged perpetrators at fact-finding hearings, which involve allegations of physical, emotional, psychological, financial and sexual abuse.

Parties represented

Theresa is adept at representing clients who find themselves involved in litigation as a result of triggering events that occur in the parents’ relationships.  For example, when the non-resident parent seeks to have full-time or primary care of the children; when one parent feels he or she is being litigated against by the other parent to facilitate continued psychological abuse of them; when one parent begins a relationship with a new partner; or where the primary carer is allegedly implacably hostile to any relationship between a child and his non-resident parent.

Ancillary Relief

Theresa regularly represents clients with millions of pounds of assets, including property, land pensions and capital.

TOLATA

Theresa has experience of dealing with TOLATA cases involving unmarried parties and their family members who may have a beneficial interest in the unmarried parties’ assets.

Domestic Violence Injunctions and occupation orders

Theresa has many years of experience applying for injunctions and occupation orders for men and women who have found themselves being physically, emotionally, psychologically, financially and sexually abused by their spouses or partners.   Theresa has secured injunctive orders for children too.

Coronial Law

Theresa has completed The University of Bolton’s Short Course on Coronial Law and is currently completing an LLM in Coronial Law. Theresa has secured a broad range of experience shadowing His Majesty’s Coroners in the Coroner’s Court.