Jack McCabe

2017 Inner Temple

Jack joined chambers in August 2018 after successfully completing pupillage under the supervision of Jonathan Buchan. He completed a family law pupillage with a specific focus on public and private law children matters.

He accepts instructions in both public and private Children Act proceedings across a range of tribunals from the Family Proceedings Court to the High Court.

In public law cases, Jack regularly represents local authorities, parents, extended family members and children in a wide range of public law cases from the first hearing through to finding of facts and final hearings. Jack has recently been instructed on public law cases involving complex issues such as non-accidental injury, sexual abuse, physical abuse and chronic neglect. Jack has acted for vulnerable individuals with learning difficulties and/or mental health issues including alongside intermediaries.

Jack also undertakes private law cases and has represented parents in cases relating to issues including:

  • Implacable hostility to contact;
  • Parental alienation;
  • Rape;
  • Sexual abuse of adults and children;
  • Domestic abuse;
  • Controlling and coercive behaviour;
  • Declaration of parentage;
  • Relocation;
  • Change of school;
  • Change of name.

Within private law, Jack has a particular interest in representing children via their guardians appointed under R16.4 Family Procedure Rules. He has recently represented children in cases involving the following issues both at finding of facts and final hearings:

  • Parental alienation;
  • Non-accidental injury;
  • Allegations of physical harm against a parent and children;
  • Rape;
  • Sexual abuse of children;
  • Declarations of non-parentage;
  • Termination of parental responsibility.

Outside of Court, Jack regularly assists in developing and delivering training to local authorities focusing on court skills and the pre-proceedings process. In 2021, Jack was asked to develop and deliver training to social workers in each district of Lancashire County Council in relation to the recommendations of the Public Law Working Group report. Lancashire County Council stated “Jack provided us with excellent training and support in the sessions”.

In May 2021, Jack was asked to be a member of the Lancashire Public Law Working Group Committee established by the Designated Family Judge for Lancashire. The Committee is chaired by HHJ Baker.

 

Notable Cases

Representation of a mother in a ten-day finding of fact hearing involving numerous allegations of sexual abuse of children. The case involved children giving evidence following a Re W hearing. Extensive findings were made following acquittal at a criminal trial. Representation of a client facing accusations of rape and domestic abuse at a finding of fact hearing

Representation of a father facing an allegation of sexually abusing his child. The local authority involved in the private law proceedings supported the allegation and recommended supervised contact only. Following the finding of fact hearing including cross examination of the social worker and the mother, the Court found that father had not sexually abused his child. The Court made a further finding that the mother had influenced the child to repeat materialised disclosures.

Representation of the child in a private law case involving the termination of the parental responsibility of a man named on the birth certificate of a child despite not being the biological father.

Representation of the child in a private law case over an eleven-day finding of fact hearing featuring allegations of controlling and coercive behaviour and the sexual abuse of a child.