Rachel Frost-Smith

Rachel is Head of Children at Birketts. She is a Children Arbitrator, Solicitor-Advocate (Higher Rights, Civil Proceedings), and a Resolution Accredited Specialist (Private Law Children and Private Law Children Advocacy).

Rachel leads the private children practice at Birketts, drawing upon the breadth and strength of the family team across our offices. The family team at Birketts includes ADR practitioners, and advocates, with experience in both private and public children law, modern families and international cases.

Birketts is a full service law firm and the children practice is well supported by colleagues in other departments, including our regulatory and corporate defence team when there are concurrent criminal investigations and matters of reputation protection.

Rachel began her career at a Magic Circle Firm. On qualification she specialised in corporate tax. She later moved to Asia and worked for one of the Big Four accountancy firms. This rigorous training and global experience was a springboard to Rachel’s second career – in family law, commenced after her return to England and the workplace. In between Rachel parented her own four children, and undertook several voluntary roles. These included chairing the junior section of a rugby club, the parents’ association of an independent day school, and as an appropriate adult attending police interviews with children and vulnerable people.

This unusual background gives Rachel a unique perspective when representing clients or sitting as an arbitrator. She has a reputation for advising on difficult and complex cases, bringing a combination of intellect, extensive life experience and compassion to the table. Rachel works with other professionals to support her clients and their children holistically, including IDVA’s, therapists and parenting coaches.

Many of Rachel’s cases involve serious safeguarding issues, including domestic abuse, parents struggling with mental ill health and addiction issues, and children with complex health needs and challenges. She has conducted cases heard in the High Court, including on matters of costs, obtaining stay orders and the wardship of a child. Rachel has excellent relationships with counsel, ensuring her clients have access to the best advice at each stage of proceedings and that case preparation is meticulous.

Rachel is a frequent commentator in the press and lectures for MBL – on current issues in family law. Areas of interest include the use of litigation as a form of post-separation abuse, pursuing costs orders in children proceedings, and reform of the family courts.

Recent work highlights

Representing a mother where the father had covertly recorded her and the children for many years, resulting in final orders that the children spend supervised time with their father and engage in systemic family therapy.

Representing a father where the mother suffered from long standing mental ill health and addiction issues culminating in final orders to ensure the children maintained a safe and appropriate relationship with their mother.

Representing a mother in proceedings where two of the three children have complex needs and require a great deal of external specialist support with final orders being made to assist the family.