‘Gemma Kelsey is a superstar. Very bright and a leading light in international private children law matters. Clients adore her’. – Legal 500 2023
‘Everything she does is just really sensible’. Gemma Kelsey is a real expert in international children law’ – Chambers and Partners 2022
Gemma is one of the UK’s leading solicitors in the area of international child abduction and private law children matters and has acted in a number of reported cases in these areas. She also specialises in ‘Leave to Remove’ (also known as relocation cases) and has represented many parents in these often complex and protracted proceedings, up to Court of Appeal level. Gemma also advises in international contact disputes and cases involving recognition and enforcement of Judgments in matrimonial matters and matters concerning parental responsibility.
Gemma is a Partner in our children team. Together, Gemma, Simon Craddock and Kim Lehal lead our International Child Abduction Department, which is one of only 42 specialist teams appointed by the Ministry of Justice to sit on the Child Abduction: Accredited Solicitors Referral List (ICACU) We are the only law firm in Warwickshire, Oxfordshire, Worcestershire, Northamptonshire and Gloucestershire to have been elected to the Panel and have been a member since 2001.
In addition to international child abduction matters, Gemma is a recognised expert in all children law matters and regularly advises and represents parents in respect of children’s private law matters (Child Arrangement Orders, Specific Issues Orders, Prohibited Steps Orders and applications for Parental Responsibility). Gemma is regularly instructed in complex children matters often involving children with SEN needs and autism.
Gemma also advises and represents victims of domestic abuse and is regularly instructed in complex children cases where there are often a number of complex issues.
With a wealth of knowledge and experience in children law, Gemma is highly skilled at problem-solving and negotiating with legal professionals both in the UK and in other countries. Gemma has a reputation for tenaciously representing her clients whilst being both pragmatic and compassionate.
Outside of work Gemma enjoys playing netball, travelling and spending time with her young family.
Memberships
- Resolution Accredited specialist in Child Abduction Law, Children Law and Domestic Abuse;
- Accredited member of the International Child Abduction and Contact Unit (ICACU) specialist solicitors panel;
- Reunite International Lawyer Listing;
- Founding member of the Child Abduction Lawyers Association; (ICACU)
- Trained and certified Domestic Abuse Champion with Reducing the Risk.
Notable cases
- R(a Child) Asylum and 1980 Hague Convention application) [2022] EWCA CIv 188
Gemma represented the Respondent within these proceedings which considered the interplay between the Hague Convention and asylum.
- L(a child) [2021] EWHC2451 (fam)
Successfully represented the father in an application for the return of his child to Portugal.
- P and Q Re (Hague Convention: Consent) [2021] EWHC 2184 (fam)
Successfully represented a mother in successfully defending an application for the return of her children to the USA
- P and Q Re (Hague Convention: Consent) (Costs) [2021 EWHC 2186
This case involved consideration of the use of applications for Location Orders within Hague Convention proceedings.
- S(abduction: Hague Convention or BIIa) [2018] EWCA Civ 1226
Gemma successfully represented the Appellant in this landmark case, which considered the relationship between Council Regulation 2001/2003 (BIIa) and the 1980 Hague Convention.
- Letts v Letts [2018] EWHC 1639 (Fam) (21 June 2018)
Represented the father in proceedings under the 1980 Hague Convention in respect of the return of two children to America.
Represented a father who successfully applied under the Hague Convention to have his child returned to Poland.
Gemma successfully represented the father in this case in which his children had been wrongfully removed to Poland.
Gemma represented the father in respect of an application for the return of his child to the USA.
- A(A child-permission to permanently relocate [2016] EWHC]
Represented the father in this case seeking to oppose the relocation of his child to the USA following a Return Order made under the 1980 Hague Convention.
BP v DP (Children: Habitual Residence) [2016] EWHC 633 (Fam)
Represented the mother in 1980 Hague Convention proceedings. The case involved an application for the return of the children to Australia. The Court considered the concepts of anticipatory breach and habitual residence of the child.
LM v DR (Return to Non-Convention Country) [2016] EWHC 1943 (Fam)
Successfully represented a mother, obtaining an order for her child to return to her in Azerbaijan, following the removal of the child to England by his father without her consent.
L (Grave Risk of Harm) (Child's Objections) [2015] EWHC 3300 (Fam)
Gemma successfully represented the father in an application for the return of his children to Bulgaria, pursuant to the 1980 Hague Convention.