Child abduction—emergency remedies
Child abduction—emergency remedies

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Child abduction—emergency remedies
  • Procedure
  • Tipstaff
  • Tipstaff orders
  • Location order
  • Passport order
  • Collection order
  • Port alert
  • Passports
  • Publicity

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—children proceedings. This Practice Note sets out the current position on emergency remedies in child abduction cases.

This Practice Note provides guidance on emergency steps that may be taken in child abduction cases including location orders, passport orders, port alerts, collection orders and orders for action by the court Tipstaff. It also details the procedural requirements of Family Procedure Rules 2010, PD 12E (FPR 2010) and guidance issued by the then President of the Family Division in March 2018. For further practical guidance on practice and procedure in child abduction cases, see Practice Notes:

  1. Child abduction—introduction and issuing proceedings (Hague Convention)

  2. Child abduction—procedure and evidence (Hague Convention)

  3. Child abduction—orders to locate and recover a child in the UK

See also the President’s Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings issued in March 2018.

A range of standard orders have been issued regarding child abduction proceedings, see Practice Note: Standard orders—child abduction. See also Practice Note: Standard orders—disclosure as to standard orders regarding the disclosure of the whereabouts of a child.

Procedure

The procedure to be followed in respect of