Sam acts in all aspects of the law relating to children. In public law Sam represents local authorities, parents, guardians and competent children. Sam has particular expertise in cases which involve risk of harm from radicalisation, death and non-accidental injuries, allegations of serious sexual abuse, child trafficking and cross examination of expert and vulnerable witnesses. In private law Sam acts in disputes between parents and other significant adults including cases involving serious harm and internal and international relocation. Sam also practices in Family-related Judicial Review and some Court of Protection cases.
Children (public law)
Sam represents local authorities, parents and children in care proceedings. He appears in the most difficult, sensitive and challenging cases involving the protection of children. He is instructed in the most complex cases involving radicalisation, serious physical and sexual abuse and factitious disorders i.e. deliberately creating or exaggerating symptoms of an illness. Sam’s cases involve cross-examination of expert witnesses, from a wide variety of disciplines as well as vulnerable witnesses and children.
Children (private law)
Sam acts in disputes between parents and other significant adults including cases involving serious harm and internal and international relocation. Sam understands the importance of proper preparation and strategy at the earliest possible stage in relocation cases which understandably evoke strong feelings and can often be very finely balanced. Presenting the factual and legal issues in a reasonable and balanced way is the key to achieving the best possible outcome for the client.
Judicial review & administrative law
Sam represents local authorities and children in Family-related judicial reviews.
International family law
Sam has a great deal of experience in dealing with international issues arising in children’s proceedings. In public law cases he regularly deals with jurisdictional issues including the application of habitual residence, Article 15 transfers and the effect of diplomatic immunity. In private law, Sam’s relocation cases range from proposed moves to mainland Europe to moves to far flung corners of the world which present very different legal and factual challenges.
What the directories say
2018: Newly made up to silk, he has a real depth of experience in children matters. He is frequently instructed on behalf of local authorities, parents and children in public law care issues. He is accustomed to handling cases with an international element including those relating to habitual residence and the international transfer of children.
Strengths: "An experienced barrister with particular expertise in complex public law matters involving non-accidental injuries and sexual abuse." Chambers UK
Re P-S  EWCA Civ 1407
A Local Authority v X & Ors  EWHC 874 (Fam)
Kirklees Council v LS & Anor  EWFC 12 (20 February 2018)
L (a child) Abduction Turkey Protective Measures under Hague 96  EWHC 3797 (Fam)
M (A Child)  EWCA Civ 245
AS v TH (NO 2) (Jurisdiction to Make Final Orders)  EWHC 2825 (Fam)
Tower Hamlets v M & Ors  EWHC 869 (Fam)
L (A Child) (Jurisdiction: Private Fostering), Re  EWHC 1617 (Fam)
EH (Supervision Order)  EWCC B78 (Fam)
M (Children)  EWHC 667 (Fam)
A LOCAL AUTHORITY v M AND F; THE CHILDREN (BY THEIR GUARDIAN)  EWHC 3172 (Fam)
Re X & Y  EWHC 1862 (Fam)
Islington v Z & Ors  EWHC 1862 (Fam)
Sharia Law Review
The independent review into the application of sharia law in England and Wales has been published today. The review was...
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Independent Review Panel on Sharia Law
1 Garden Court would like to congratulate Sam Momtaz for being appointed on to the Independent Review Panel on Sharia Law...