Avaia accepts instructions in all areas of children law, having specialised extensively in this area during pupillage. He has observed and assisted in a wide range of public law proceedings, including finding of fact and final hearings spanning numerous days. Further, Avaia has been exposed to novel and complex applications Educational Supervision Orders, Adoption Order hearings (including applications for leave to oppose and post-adoption contact), wardship applications, s.26 post-placement contact applications, international placements and adoption and Deprivation of Liberty orders. His experience also extends to appeals, having supported matters progressing up to the Court of Appeal.

He is well-versed in handling highly sensitive matters and has been involved in cases concerning serious allegations, including non-accidental injury, sexual abuse, and chronic neglect.

Avaia is familiar with disputes concerning change of name, relocation, and removal from the jurisdiction applications; Avaia understands cross-border issues and the application of the Hague Conventions as well as niche international instruments including the Vienna Conventions and the UNCRC. He is mindful of the emotional and practical challenges that families face and provides pragmatic, detail-oriented advice to achieve outcomes that safeguard children’s welfare.

Avaia’s previous experience working for a Local Authority enables him to offer invaluable insight into the workings of local authorities and to provide nuanced, informed representation for all parties involved. Further, Avaia’s involvement in Judicial Review matters and leading research into Local Authority duties allows him to bring unique perspectives to cases and spot things which others may not know to look for.

Avaia is fiercely passionate about ensuring that the child’s voice is heard within proceedings and vulnerable parties are afforded full participation.

Avaia is able to represent and advise at all stages in Family Law Act proceedings for non-molestation and occupation orders, including appeals of such orders.

Some of Avaia’s notable instructions in this area include:

• Applications for non-notification to a state
• Inherent jurisdiction applications in the National DoL Court
• Final Inflicted Injury hearing representing a father from Africa where culture was a key factor, children returned home
• Final hearing representing a Local Authority seeking Placement Orders due to parental mental health and substance misuse, orders made
• Multi-day Finding of Fact dealing with coercive and controlling behaviour and stalking and harassment
• Successful application for interim contact notwithstanding serious allegations
• Finding of Fact dealing with significant concerns of parental alienation and fabricated presentations
• NMO hearing relying on protective orders made in New Zealand
• Bespoke advice on intercountry adoption under the 1993 Hague Convention for a placement in New Zealand
• Written submissions against appeal and interim stay
• Finding of Fact concerning “shaking” of a baby
• Successfully applying for permission to revoke an SGO, and thereafter successful revocation of the SGO
• Successful conclusion at IRH for 6-children across 3 contested care plans
• Representing a parent with a history of acute psychosis, including securing substantive interim contact orders
• Representing an incarcerated mother whose child had not been told of their true parentage (Pro  Bono, Not Beyond Redemption)
• Representing a parent who had a Child Abduction Warning Notice issued to them which acted as a barrier to contact deemed in the child’s best interests
• Appeal against refusal to discharge a Special Guardianship Order
• Secured significant stepped care arrangements for a mother whose contact was restricted on incarceration (Pro Bono, Not Beyond Redemption)
• Representing a Local Authority on a threshold concerning a parents sex work and substance misuse
• Representing a mother resisting an application by the father to relocate to the USA
• Represented a mother in an urgent application following an “appeal by the backdoor” (Pro Bono, Not Beyond Redemption)
• Secured interim contact for a parent following concerns of alienation in wider international relocation proceedings (Pro Bono, Advocate)
• Obtained and secured the continuance of a s.34(4) against a mother in care proceedings following concerns of psychological manipulation
• Obtained findings that the mother had fabricated allegations of rape, sexual coercion and physical abuse
• Successful in appeal against a Pathfinder decision to not discharge a Special Guardianship Order
• Successfully defended allegation of rape and physical violence and secured ‘softened’ findings of forceful handling of a baby where the guardian sought findings of intentional physical abuse
• Defended an appeal against findings of fabrication of rape and physical abuse
• Made successful legal submissions on a dispute concerning a Care Order at home
• Oral application before the High Court for an Interim Care Order
• Advised upon, and acted in, a case concerning the operation of the 1993 and 1996 Hague Conventions in respect of a placement in the Czech Republic
• Successfully secured the revocation of a Section 26 contact order
• Advised upon, and acted in, a case concerning a 1993 Hague Convention Adoption with placement in Canada
• Advised upon the operation of the 1996 Hague Convention in respect of a placement in Malta
• Advised upon the operation of the 1993 and 1996 Hague Conventions in respect of a placement in Australia

Avaia’s Court of Protection practice focuses on health and welfare matters, including applications to remove deputies, s.16 applications for change of residence and contact, s.21A challenges, disputes about ordinary residence, and issues arising from s.117 aftercare responsibilities.

Avaia has experience in cases involving those under 18 transitioning into adult services, as well as individuals with acute and pervasive mental health needs and cases with concurrent proceedings and investigations in the Criminal Justice System.

He is well versed in the use of the Inherent Jurisdiction within the Court of Protection and his master’s thesis focused on the inherent jurisdiction of the court in respect to “vulnerable but capacious” parties.

Avaia regularly represents the range of parties within proceedings and brings a lateral mindset to cases, drilling into the key issues and identifying a clear way forward.

Drawing on his background experiences, Avaia balances clear, pragmatic legal advice with a sensitive understanding of the emotional strain these proceedings can place on everyone involved. Avaia remains dedicated to ensuring that the rights and best interests of those lacking capacity are protected.

Some of Avaia’s notable instructions in this area include:

• s.16 application by a daughter challenging placement following P moving towards end of life
• Urgent s.21A challenge following a parent’s threats to end the life of P
• Case management considering private cannabis prescriptions for a P with severe epilepsy and covert administration of the same
• Successfully challenging a Form 4 suggesting P had regained capacity
• Securing a finely balanced declaration that home visits were in P’s best interests
• Acting for an 18-year-old P with borderline capacity
• Successfully amending a Transparency Order to include permissive directions and discharge upon death
• Representing P in a case where the Local Authority accepted P’s placement was more restrictive than required but argued best interests to remain in any event
• Representing a family member accused of causing harm to P
• Representing a family concerned over the placement of P, successful submissions concerning the lawfulness and ‘availability’ of the placement
• Representing a P who had continued to be detained under the Mental Health Act for more than 4-years since a declaration that they were suitable for discharge
• Successfully making legal submissions on the court’s jurisdiction to extend a Standard Authorisation beyond 12-months
• Representing a 17-year-old transitioning into adult services with significant focus on education and respite provisions
• Legal submissions on the court’s jurisdiction to extend an Urgent Authorisation
• Representing an ICB where P is deemed fit for discharge but subject to 5:1 support
• Representing an NHS Trust where P is ‘close to death’ due to severe alcohol misuse and considerations about balancing P’s rights
• Representing an NHS Trust where P is engaging in risky sexual behaviours with multiple partners
• Advising on covert proceedings and non-disclosure
• Secured declarations and orders authorising P’s conveyance to be treated with Clozapine (including examination of a psychiatrist)
• Advised on urgent proceedings involving familial abuse towards P and a care plan which would require eviction of individuals from P’s home

Avaia advises on public law duties and decision-making of public bodies within the context of his broader practice. This includes advising Local Authorities on their child protection duties in respect of Section 17 support, including child homelessness, no recourse to public funds, and placement breakdown support.

In conjunction with his Court of Protection practice, Avaia advises ICB’s and Local Authorities on prospective and threatened Judicial Review action, including in cases concerning funding disputes, responsible authorities, and disputes concerning s.117 aftercare provisions.

As a Legal Officer, Avaia carried a case load of public and administrative matters, and was the lead fee earner on a novel judicial review concerning disability support and direct payments, resulting in two reported decisions: R (LHG) v Bury Council [2023] EWHC 3162 (Admin) and R (LHG) v Bury Council (No. 2) [2023] EWHC 3235 (Admin).

Some of Avaia’s notable instructions in this area include:

• Advising an ICB on a lengthy letter before claim alleging breaches of numerous public law duties. Avaia prepared a substantive response resulting in no application for a Judicial Review being brought;
• Advising an ICB on a proposed Judicial Review concerning the ICB’s duty to meet needs notwithstanding a personal injury award and a ‘Peters Undertaking’;
• Advising an ICB on a dispute over interim funding of a care package whilst the full dispute progressed through the escalation procedure.
• Advising a Local Authority in respect of Section 20 and retrospective recognition of a child as being Looked After and the public law consequences of the same.
• Advising a Local Authority in respect of a wide ranging claim for Judicial Review concerning alleged institutional bias, failure to consider representations, and failure in progressing complaints.

"[He] has demonstrated a high level of expertise with a complete and thorough understanding of the case and the issues that need to be dealt with." - Instructing Solicitor

"On behalf of my entire family, I want to express our deepest gratitude for your incredible support and dedication throughout our case. Thanks to your hard work, expertise, and unwavering commitment to justice, our children are finally back home where they belong." - Client

"I just wanted to say how impressed I was with Avi on the case [...] He was approachable, knowledgeable, met the deadlines and keep in contact with me throughout. I would highly recommend him to anyone in the future." - Instructing Solicitor

"We were able to narrow down the issues significantly and wouldn't have managed that without him working tirelessly to discuss things [...] and offer solutions. During the hearing, his client was very outspoken, but Avaia didn't let that throw him off. He was impressive in putting forward clear submissions to assist the judge." - Opposing Counsel

"Thank you once again for not only stepping in at such short notice but for doing such a good job, especially with contact which is crucial for Mum and her children." - Instructing Solicitor

"Avi agreed to assist on the case less than 24 hours before the hearing, drafting a new position statement and providing representation. He has now agreed to assist the mother further. We are truly impressed and grateful to Avi for his help with this case." - Advocate

"[he] had a really good understanding of the case took on late notice and it showed whilst speaking to the client. I was very pleased and would be delighted to use Avaia in the future." - Local Authority Solicitor

"Many thanks for this Avi, that’s a really great result, thank you!" - Local Authority Solicitor

"...you truly were a blessing for me and I’ll forever be grateful for your representation." - Pro Bono Client

“I would like to express my sincere gratitude to you and the team, and especially to Avaia, for the outstanding support provided at the hearing [...] I am ever so humble and grateful for Avaia’s service and expertise – it has significantly strengthened the merits of my case” - Pro Bono Client

"I would like to take this opportunity to express my sincere and heartfelt gratitude to you [...] for the support, guidance, and dedication you have shown throughout my court matter. Your professionalism, patience, and commitment have meant so much to me during what has been a very challenging and emotional time [...] Your support has made a real difference, and I am deeply thankful." - Pro Bono Client, Appeal

"You have been involved from the very beginning and have truly been the glue that held the case together. Your knowledge, guidance, and unwavering support have made such a difference, not only to the case itself but also to my own development. Thank you for always taking the time to guide me [...] and for always being so approachable and supportive. I have learned so much from working alongside you." - Instructing Solicitor

"Thank you also for all your hard work on the case. It has been a pleasure working alongside you, and I have very much appreciated your assistance and professionalism throughout."- Instructing Solicitor

• Family Law Bar Association
• Court of Protection Bar Association
• Court of Protection Practitioners Association (CoPPA)
• Gray’s Inn
• Advocate, Panel Member
• Not Beyond Redemption, Assisting Barrister
• Lawyers for Palestinian Human Rights
• North East Pro Bono Committee

Re AA (2025) - Sole counsel representing the Local Authority at a final hearing concerning an Unaccompanied Asylum-Seeking Child. Successfully argued for non-notification to the surviving father and the state of origin due to "risk of execution".

AA v BB (2025) - Sole counsel representing the Respondent in an appeal against the making of a Non-Molestation Order in their favour. Successfully argued against all 58 grounds of appeal.

Hull City Council v M & Ors [2025] EWFC 201 (B) - Counsel for the respondent father, significant cultural elements at play. Supervision Order and return home made against LA and CG plan of long term foster care.

A Local Authority v N (2026) - Sole counsel representing the Local Authority on a point of law on the Court of Protections' jurisdiction to extend an urgent authorisation as well as whether proceedings could remain pursuant to s.21A without any active authorisations under Schedule A1.

M v F (Fact Finding Hearing) [2026] EWFC 22 (B) - Counsel for the respondent father, findings of rape, sexual coercion and physical abuse not only 'not proven' but found actively false and the mother found to have lied to the Court and tendered false evidence. Avaia successfully defended the application for permission to appeal these findings.

An NHS Trust v F (2026) - Counsel for the applicant Trust, contested hearing concerning authorising deprivations of liberty resulting in treatment with Clozapine for a P with treatment resistant schizophrenia. Best interests disputed and evidence from expert psychiatrist resulting in orders sought.

Avaia has produced a significant number of articles on a variety of topics, including being published in Family Law Journal, the FLBA Magazine, The Barrister Magazine, and on The Local Government Lawyer. In addition, he regularly prepares case updates and summaries for Chambers. Below are a selection of Avaia's highlighted pieces.

Lies in Family Law Proceedings – Clarification from the Court of Appeal

Post adoption contact – PLWG best practice: a guide

Consent, control, and 'the silencing of the child's voice in medical interventions' - Re G - [2025] Fam Law 254

Not “On a DOLS” – Court of Protection Clarifies Terminology

Cases of parental death before protective measures – a reaffirmation of the Children Act's adaptability? - [2025] Fam Law 538

Neurodiversity and the Family Courts – new guidance seeks to bridge the gap. Will it work? A view from the bar - [2025] Fam Law 1021

The nuance between forensic probabilities and possibilities – paediatric gonorrhoea and fomite transmission - [2025] Fam Law 1445

In Conversation: Pro Bono in Family Law and the Reality of Family Justice - Family Affairs, Summer 2026

Life after Cheshire West - Valid consent and the new law of deprivation of liberty - [2026] Fam Law 1049

Families in Crisis & Local Authority Duties (February 2025)

International Placement and Adoption following Re M (September 2025)

What is a Deprivation of Liberty - Cheshire West 2.0 (October 2025)

Removals - A Human Rights Refresher (January 2026)

Deprivation of Liberty Orders under the Inherent Jurisdiction (January 2026)

Court of Protection and DoLS - An Update (May 2026)

• Lancaster University – LLB (Human Rights) – First Class
• BPP University – LLM – Merit
• BPP University – BPTC – Distinction

• Elizabeth Ann Curnow Scholar – Gray’s Inn
• Career Commitment Scholar – BPP
• Excellency Scholar – BPP
• Access to the Profession Scholar – Lancaster University
• Best Academic Performance in Submissions Advocacy (nationwide) – BPP
• Nominated for Young Pro Bono Barrister of the Year (2026)
• Pro Bono Recognition List 2026
• Finalist for Northern Law Awards Pro Bono Award (2026)