Enforcing children orders (private law)
Enforcing children orders (private law)

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

  • Enforcing children orders (private law)
  • Search and recovery
  • Enforcement of child arrangements orders
  • Activity directions and conditions—child arrangements orders
  • General powers of enforcement
  • Further directions or other orders
  • Family assistance orders
  • Child arrangements order—peremptory return
  • Contempt of court
  • Transfer of where a child is to live

Search and recovery

Where a person is required by an order under section 8 of the Children Act 1989 (ChA 1989) to give up a child to another person and the court that made that order is satisfied that the child has not been given up, it may make a search and recovery order, authorising an officer of the court or a constable to take charge of the child and to deliver them up to that other person.

The police generally have the power and a duty to assist in the handing over of a child where there is a threat of danger or of a breach of the peace.

An order under this provision confers the power to enter and search any premises where the person acting in pursuance of the order has reason to believe the child may be found, and to use such force as may be necessary to give effect to the purpose of the order.

The court may order any person it has reason to believe may have relevant information as to the whereabouts of the child to disclose that information to the court.

The application may be made without notice. The application for a search and recovery order is made in Form C3 and the order is in Form C31. An application for an order for disclosure