Francesca Wiley KC (Door Tenant)
Barrister
Year of Call: Call 1996 & KC 2015
Profile:
Francesca practices at the very highest level in both Private and Public Law Children Act cases, particularly where there are profoundly serious allegations against the parties.
Prior to joining the Family Bar, she specialised in Criminal and Human Rights Law and as a result, much of her work covers the crossover between the family and criminal jurisdictions. This includes very many cases where there is a need for fact-finding and consequential or concurrent applications and investigations in criminal proceedings. Francesca specialises in cases where clients or other parties have been accused of murder, attempted murder of their children or partners, sexual abuse, paedophile rings, trafficking, radicalisation, and other very serious offences. Such cases often require medical and factual cross-examination of the highest calibre.
Francesca has a further interest in matters involving underlying medical issues for children and adults, ranging from underlying genetic, bone and vascular disorders to factitious disorders and cases where an opposing party may have profound, yet undiagnosed personality and mental health difficulties.
She is also regularly instructed in cases where addiction is an issue within a family and instructed in cases of parental alienation where recruitment of children against a parent has led to false allegations. Francesca is well known for her expertise in fact finding in private law cases.
Francesca also undertakes inquests-based work internationally as well as having a significant on-going interest in human rights-based work in the UK and internationally and has been instructed in Kenya, The Falkland Islands and Mozambique.
Francesca specialises in cases both in Private and Public Law which have an international element.
Awarded the grade of MCIArb by the Chartered Institute of Arbitrators and able to also provide Early Neutral Evaluations, Francesca readily commends these alternatives as well to litigation and welcomes all instructions in the same.
Francesca is qualified to undertake work through public access and is very experienced in the same.
Children (Private Law)
Francesca is an expert in representing parents in the most difficult and intractable Private Law matters, some of whom are victims of life changing allegations from their partners and / or children to stop contact. Clients have often been separated from their children for significant periods of time or find themselves falsely accused of serious criminal offences against their ex-partners and children. Such cases often involve disputed facts requiring fact-finding, in which she is particularly experienced.
Francesca is also frequently instructed in the most sensitive contact disputes including cases where addiction in the family may be an issue as well as cases where parents have hitherto undiagnosed mental health and personality difficulties impacting upon the litigation and the approach taken to the children. Her clients include very high-profile individuals and professionals including doctors, lawyers, celebrities and many whose professional bodies require allegations made against them to be urgently resolved, often in order to continue to work.
Selected Cases
• Re D (A child) (Appeal Out of Time)[2020]EWHC 1167 (Fam)
• MDR v MDR (Suspended Residence Transfer – parental alienation)[2019]EWHC B61 Fam
• Re J and K (Children: Private Law) [2014] EWHC 330 (Fam)
• T v S (Wardship) [2012] 1 FLR 230
• PA v CK and Ors [2018]EWHC 2004 (Fam)
Children (Public Law)
Parents, grandparents, carers, Guardians and Local Authorities regularly instruct Francesca in the most serious Public Law cases at High Court and Appellate level. In particular, she specialises in cases involving very significant injuries and/or the death of children in disputed circumstances, as well as child sexual abuse, trafficking, radicalisation and forced marriage. Often, in these cases, the police have not prosecuted or are awaiting charging decisions. She often undertakes cases involving serious head injuries, where there may be potential genetic and other underlying blood and bone disorders present, as well as those in which the medical evidence is so complex that the experts cannot agree.
Selected Cases
• A County Council v L and Ors [2021]EWHC 48
• Re D (A child)(Appeal Out of Time)[2020]EWHC 1167
• X RE [2015] EWFC B168 (12 May 2015)
• GO v EN & Ors [2014] EWHC 3622 (Fam) (17 October 2014)
• Peterborough County Council v SU & Ors [2014] EWFC B92
• Surrey County Council v AB & Others [2014] EWHC 1115 (Fam)
• Re C (Family Assistance Order) Magistrate’s Court of the Falkland Islands (2014)
• Re A and B (Wardship and Supervision Order) Falkland Islands’ Supreme Court (2013)
• Re A and B (Reporting of Judgment) Falkland Islands’ Supreme Court (2013)
• Re J (Child Giving Evidence) [2010] EWHC 962 (Fam) 2 FLR 1080
• Re S (A Child) [2009] EWCA civ 945 Re M [2007] 2 FLR 1006