See also

Practice Groups

  • Family

Areas of Expertise

  • Family
Omar Malik

Omar Malik

Call 1990


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 Recommendations
The Legal 500 - The Clients Guide to Law Firms

Omar Malik is recommended by the Legal 500 Bar Directory 2016 for his expertise in the Regional Bar - Western Circuit.
Family and children law – Leading juniors
Omar Malik - Recommended for financial remedy cases

Omar Malik is recommended by the Legal 500 Bar Directory 2015 for his expertise in the Regional Bar - Western Circuit.
Family and children law – Leading juniors
Omar Malik - Very good with clients


Family

Omar is an experienced specialist family practitioner and has acted in a range of cases from the Family Proceedings Court to the Court of Appeal. Omar is committed to providing the best possible service to his lay and professional clients whether as a result of negotiation or contesting the matter. Omar is always well prepared as he believes knowledge and understanding of the papers and the law is crucial to achieving the best possible outcome for his clients. (Legal 500 quote)

Ancillary Relief

His main interest in family law is ancillary relief/financial provision following divorce, separation or ending of a civil partnership. He has great experience of such disputes from the complex cases involving family business, land (including farms), concealment of assets, assets out of the jurisdiction and pensions to the more modest asset case where fairness is often a far trickier solution to find than in the high worth type case. He also has an interest in TOLATA claims and applications under Schedule 1.

Recent instructions have involved the following issues :

  • Applications for mps and Legal Services Orders
  • Conduct arguments
  • Involvement of the Official Solicitor
  • Disputes over land/assets held in eg India, New Zealand, Bulgaria,Cyprus
  • Whether or not a marriage should be considered one of some 20+ years or 2 years after the couple divorced then resumed living together again after some 2 years

Public Law

Omar has great experience of dealing with Care cases, primarily for parents but has also represented various Local Authorities and represented the Child Guardian. His cases have ranged from the neglect type case to those involving non-accidental injuries and physical/sexual abuse of children.

Private Law

Omar also undertakes private law children cases involving the whole range of such applications that can be brought before the court.

Hague Convention

Omar also has a real interest in Hague Convention cases and the development of this fascinating area of family law.

Cases of note

Brussels II/ Jurisdiction (2016)

  • Care case where jurisdiction issues raised due to parents living in the Republic of Ireland. I acted for the Guardian. Leading Counsel instructed for the Local Authority and the parents. Unusual situation where the parents had adopted the relevant child in England but then moved to ROI. Due to the child having a number of health issues and a lack of resources the parents brought the child back to England and returned to the ROI. An ICO made here and the child was placed in a very expensive residential placement. Case transferred to High Court where it ruled that the ROI had jurisdiction and the case was to be transferred under Art 15 BIIR. Eventually after further hearings the ROI agreed to keep the child in the placement as it best met his needs and to fund it. The child was briefly made a Ward of Court to avoid a possible lacuna between discharge of the ICO and any registration under Art 31 or formal confirmation of the Irish authorities acceptance of the position.
  • Care case where I acted for the Guardian. Baby born with a number of health issues. Jurisdiction argument raised as the father was a Bulgarian national ,albeit raised and pursued by the English mother. Jurisdiction found to be in England & Wales.

Care cases (2016)

  • Acted for the mother involving very serious sexual abuse of her children by their step father over a 7 year period. The children were forced to give evidence at the criminal trial where he was convicted and sentenced to 24 years imprisonment. Children aged 14 and 16. Issues within the case included whether or not they should be separately represented. The experts and the Guardian being of the view that ,despite their ages, they were so enmeshed with the mother that they could not be. A case needing delicate handling as the 16 year making serious threats to commit suicide if ever removed away from the mother.
  • Acted for the mother with learning disabilities who was in the pool of potential perpetrators over who caused a number of fractures to her baby. The Local Authority and the Guardian seeking to keep her in the pool after the evidence was given but the Circuit Judge removing her as he found the father had caused all of the injuries.

Financial Remedies (2016)

  • A case that settled on Day 1 of 2 and where the main issue was how the Court should treat a Declaration of Trust that the parties had entered into whilst married following the wife receiving an inheritance.
  • Acted in cases where the court was having to grapple with (a) valuing land held in India and The Gambia and (b) how to ensure orders could be made that properly took those assets into account. Obtained a Costs order against the husband who owned land in India due to his continuing failure to obey court orders re obtaining proper valuations as to their worth.



See also

Practice Groups

  • Family

Areas of Expertise

  • Family

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