Gemma Sparks

Partner

Profile:

Gemma Sparks is a Partner and Head of Family Law at our Tiverton office.

Gemma’s passion for family law sprang from her background of being brought up within the care system, which she feels has given her a unique understanding of the emotional stress that her clients face.

Her expertise ranges from children matters (including intractable contact disputes and parental alienation), domestic abuse and financial issues in divorce cases.

Gemma enjoys working with people and is a keen leader. Her USPs are her irrepressible positivity and being a motivator. Her clients appreciate her empathy and commitment.

Notable Cases:
1. Gemma defended allegations of parental alienation; this required her to arrange for psychological experts to determine the possibility of alienation.

2. She was involved in a three-day finding of fact to support allegations of child abuse and abuse towards the mother; huge amounts of evidence-gathering ABE via police evidence, the children’s hospital records, school safeguarding and LA safeguarding. The mother was Spanish, and Gemma had to put in extra time because of the language barrier to make sure she understood the legal process.

3. Gemma was involved in a five day finding of fact where a father faced allegations of child abuse and abuse towards the mother. Gemma worked tirelessly to disprove the allegations using her investigative skills; picking apart what the mother was alleging; spending many hours with the client to get to the fine detail; scouring social media for evidence; checking medical records. She gathered so much evidence that the Court decided there was no need for a contested hearing. After a year without contact with his children, the father was able to see them again, and said that without Gemma this would not have happened.

4. She acted for a wife in Family Law Act injunction proceedings against her husband who had attempted a serious assault upon his wife and child. She was successful in obtaining protective orders and an order enabling the wife to remain in the home until she is able to re-house and obtain a divorce.

5. She acted for a mother in enforcement proceedings where her children were living with their father. Although an existing order was in place to facilitate the mother spending time with the children, the father unilaterally suspended contact. Gemma succeeded in haviong the mother’s contact reinstated and additional contact being ordered.

6. She acted for another mother within Children Act proceedings where historic child arrangements had been agreed but the father had unilaterally retained the child following a period of agreed contact. Representing mother at urgent court hearing Gemma was successful in obtaining order for the child to be returned to mother’s care.

7. Gemma acted for a wife in finalising a financial settlement that had not been reached at the time of the divorce. No joint matrimonial assets, but the husband was a beneficiary to inheritance. The financial settlement secured for the wife included capitalisation of unpaid child maintenance.

8. She represented a mother in an application under the Children Act for permission to relocate outside of the UK. Relocation was initially refused by the father but after negotiations and assisting the client in providing a strong statement the relocation was agreed alongside a Child Arrangements Order.

9. Gemma assisted a father against a mother who wished to relocate outside of the UK. Although relocation itself was not opposed, she negotiated a favourable contact order for the father prior to the commencement of proceedings and an order being made by consent.

Awards:
Winner – Chartered Legal Executive of the year – Devon and Somerset Law Society Legal Awards 2020/2021
Winner – Devon and Somerset Law Society Legal Awards 2017

Qualifications:
The Law Society – Family Law Accredited
Chartered Legal Executive – ILEX Level 6 Contract Law, Tort Law, Family Law and Family Practice
BTEC Higher National Certificate – Legal Practice
British Sign Language Level 1 Award

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