Melissa Elsworth

Practice Overview

• Children (Private Law)

  Melissa regularly represents clients who are involved in private children proceedings and is instructed for all types of hearing, including FHDRAs, DRAs, directions hearings, fact-finding hearings and final hearings. Melissa has particular experience of representing parties in cases involving serious and complex allegations of domestic abuse, substance abuse and mental health issues as well as in cases involving alienating behaviours and implacable hostility.

  Notable cases include:

  H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448 (30 March 2021)

• Modern Families & Surrogacy

  Melissa has developed a specialism in the area of modern families and surrogacy and she has particular experience of applications for parental orders and private law disputes arising out of surrogacy arrangements. She has previously worked alongside surrogacy/assisted reproduction attorneys and surrogacy agencies in the US and has worked for a leading UK firm which specialises in this niche area (during which time she worked on a number of leading cases). Melissa has also authored articles on surrogacy law and she has both contributed to and organised seminars/training sessions on assisted reproduction, same-sex families and surrogacy.

  Notable cases include:

  Re C (Surrogacy: Consent) [2023] EWCA Civ 16

  Re X (Catastrophic Injury: Collection and Storage of Sperm) [2022] EWCOP 48

  Re N (Surrogacy: Enduring Family Relationship: Child's Home) [2019] EWFC 21

• Children (Public Law)

  Melissa has experience of care and other public children proceedings. She has represented the local authority, parents, children and prospective special guardians, including where allegations of neglect, abuse, non-accidental injury, mental health issues and drug/alcohol abuse have been made.

  Notable cases include:

  London Borough of Barking & Dagenham v RM & Ors [2023] EWHC 1879

  London Borough of Barking & Dagenham v RM & Ors [2023] EWHC 777

  Re S (Inherent Jurisdiction: Transgender Surgery Abroad) [2023] EWHC 347

• International Family Law

  Melissa has significant experience of international family law, particularly international child abduction and international surrogacy.

• Family Finance & Property

  Melissa has particular expertise in the area of family finance and property, having completed her pupillage at QEB. She has extensive experience of a range of financial remedy hearings, including FDAs, FDRs, preliminary issue hearings and final hearings, as well as different types of proceedings, such as financial remedies, Schedule 1 and Part III of the Matrimonial and Family Proceedings Act 1984. Melissa also accepts instructions to draft related documents and opinions in this area.

• Domestic Violence & Injunctions

  Melissa regularly represents clients who are involved in Family Law Act 1996 proceedings, including proceedings involving allegations of serious domestic abuse. She has extensive experience of applications for non-molestation orders and occupation orders and of the different types of hearing, including without notice hearings, return dates, directions hearings and final hearings.

• Notable Cases

  London Borough of Barking & Dagenham v RM & Ors [2023] EWHC 1879

  London Borough of Barking & Dagenham v RM & Ors [2023] EWHC 777

  Re S (Inherent Jurisdiction: Transgender Surgery Abroad) [2023] EWHC 347

  Re C (Surrogacy: Consent) [2023] EWCA Civ 16

  Re X (Catastrophic Injury: Collection and Storage of Sperm) [2022] EWCOP 48

  Y v Z [2022] EWFC 157 (Fam)

  H-N And Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448 (30 March 2021)

  Re N (Surrogacy: Enduring Family Relationship: Child's Home) [2019] EWFC 21

• What the directories say

  "Calm, patient and a very strong advocate, Melissa is a true rising star. She is a solicitors dream when it comes to responsiveness and no question is ever too small - Melissa is always happy to help and is a reassuring voice in times of need." Up and Coming - Chambers & Partners, 2024

  "Her level of preparation and position statements are exceptional. Not only that, she is also friendly and approachable - clients love her." Up and Coming - Chambers & Partners, 2024

  "Her ability to speak in layman's terms to the clients and then offer complex legal argument to the court is second to none." Up and Coming - Chambers & Partners, 2024

  "Melissa is excellent with the details of any complex private law children case. She also has a kind bedside manner, is willing to listen and is very supportive of vulnerable clients." Legal 500, 2024

  "Melissa is extremely well prepared, hard working and goes above and beyond in terms of client care and case preparation." Tier 1 - Legal 500, 2023