Zosia Keniston

Zosia has extensive experience of dealing with public law proceedings and has come to specialise in this area. Initially her practice was predominantly Local Authority based, however her practice has now expanded to include regular representation of Children’s Guardians, as well as parents. She is experienced in dealing with cases that involve allegations of non-accidental injury, including allegations of fabricated or induced illness. She has previously acted for the Official Solicitor and is experienced in representing clients with learning and/or mental health difficulties. Her calm and reassuring manner enables her to put clients at their ease and she aims to ease the pressure of attending hearings to the best of her ability for the client.

Recent cases include:-

• Represented LA, with the assistance of Junior Counsel, in a three week Fact Find concerning allegations of FII (Factitious or Induced Illness), resulting in the Court making all findings sought. The case required in depth analysis of medical records, and collating a schedule, which entailed working through a bundle of 4000 pages.
• Represented LA in a five day Fact Find, involving multiple injuries to a baby, including skull and rib fractures.
• Represented LA in a five day Final Hearing, with complex family dynamics, resulting in the making of Child Arrangement Orders and Special Guardianship Orders to family members.
• Over a four day Final Hearing represented Grandparents, party to public law proceedings, who sought to care for their grandchildren. Resulted in the grandparents’ securing contact with their grandchildren.

• Represented a LA in a Final Hearing that started life as private law proceedings, with the appointment of a rule 16.4 Guardian and then due to the level of acrimony and subsequent harm moved into public law proceedings. This was a reported case, please see below.

• Represented a Mother within care proceedings; these proceedings concluded with a family placement for the child and a high level of contact to the parents going forward.
• Represented a Step-Father within care proceedings, where there were allegations of over-chastisement.
• Represented a LA in complicated public law proceedings, which started life as a Forced Marriage Protection Order application and then proceeded through care proceedings. The case involves both closed/open hearings and a Special Advocate has been appointed.
• Represented a LA in care proceedings, which involved a young person at risk of Child Sexual Exploitation and included applying for and obtaining a Recovery Order.
• Advised on whether placements are a private family fostering arrangement, or are in fact placements under section 20 of the Children Act 1989.
• Represented a Mother with severe learning difficulties over a three day final hearing in care proceedings that involved six children. Mother was initially assessed as lacking capacity and the Official Solicitor was instructed; however a subsequent cognitive assessment found that she had capacity. She was assisted by intermediaries throughout the proceedings. Although final care orders were made, and placement orders in respect of the younger children, the Judge was persuaded to record in judgment that if possible the Local Authority should inquire of potential adopters whether they would consider direct contact with the parents post adoption.
• Represented a Local Authority in making an application for leave to invoke the inherent jurisdiction of the High Court to enable an application to be made under the inherent jurisdiction so as to make the child, aged sixteen years, a ward of court and place her in secure accommodation. This case involved legal argument as to the correct mechanism whereby a secure accommodation order could be made, or not, in respect of a sixteen year old young person.
• Represented Local Authority in care proceedings, where the Mother suffered from mental health difficulties, including a phantom pregnancy.

Reported Case:
https://www.bailii.org/ew/cases/EWFC/OJ/2021/B85.html​

Zosia regularly deals with private law applications relating to Child Arrangements (Live with) or (Spend Time with) Orders, as well as with applications to remove from the jurisdiction and internal relocation. She is experienced in applications made by grandparents to spend time with their grandchildren. She takes a practical and sensitive approach to dealing with matters, which through the nature of the proceedings cause high levels of emotion.

She is regularly instructed to act for clients in fact-finding hearings where there has been a history of domestic violence, or alleged domestic violence, between the parties. She has particular experience in dealing with fact-finding hearings where there are allegations of sexual assault within the relationship prior to separation. She is committed to obtaining the best resolution for her client and is always happy to advise in conference prior to the matter going to Court.

Recent cases include:

• Represented a Father throughout proceedings, including a Fact Finding hearing with extremely serious allegations, including rape, up to a hearing where matters were agreed with the Father gaining alternate weekend stays and half of the school holidays. The allegations against the Father were not found to be proven by the Court.
• Represented a Father throughout his application for a live with Child Arrangements Order, which following a fact-finding hearing where all allegations were prove, resulted in a live with Child Arrangements Order in the Father’s favour.
• Represented a Grandmother in proceedings concerning her grandchildren, which following a contested final hearing resulted in her obtaining a live with Child Arrangements Order in respect of her grandchildren.
• Represented a Mother successfully in proceedings where an abusive family member had applied for leave to spend time with the child.
• Represented a Mother in private law proceedings, which spanned some three years. Mother was hostile to Father having contact with his three children. The proceedings were dotted with committal hearings in respect of Mother breaching Court orders; despite numerous hearings and non-attendances by the Mother, she was not committed to prison.

Zosia represents both Applicants and Respondents in domestic violence injunctions, using her calm manner and courteous persistence to secure the best outcome for her client. She focuses on obtaining the best outcome for her client, and tempers her advice with pragmatism.