Location Order: Direction to the Tipstaff
In the High Court of Justice
Family Division
Sitting at [place]
No:
THE CHILD ABDUCTION AND CUSTODY ACT 1985
COUNCIL REGULATION (EC) No. 2201/2003
THE SENIOR COURTS ACT 1981
THE CHILDREN ACT 1989
THE FAMILY LAW ACT 1986
Delete or Adapt as appropriate
The Child(ren)
AA (a boy/girl born on dd/mm/yyyy)
BB (a boy/girl born on dd/mm/yyyy)
CC (a boy/girl born on dd/mm/yyyy)
After hearing [name the advocate(s) who appeared]….
DIRECTION ORDER TO THE TIPSTAFF MADE BY [NAME OF JUDGE] ON [DATE]
SITTING IN PRIVATE
The Parties
1.
The applicant is XX
The respondent is YY
Specify any additional respondents
Specify if any adult party acts by a litigation friend
Specify if the children or any of them act by a children’s guardian
2.
Unless otherwise stated, a reference in this order to ‘the respondent’ means all of the
respondents.
Recital
3.
This direction order to the Tipstaff was made at the same hearing at which a Location
Order was made against the respondent YY in respect of the child/children AA, BB and
CC (“the Location order”).
IT IS ORDERED AND DIRECTED THAT:4.
The Tipstaff of the High Court of Justice, whether acting by himself or his deputy or an
assistant or a police officer, shall:
(a)
as soon as practicable locate the child/children AA, BB and CC;
(b)
enter, if necessary by force, and search any premises in which he has reasonable
cause to suspect that [either / any] of the [children / child], and/or the respondent to
be present and which, after taking all reasonable steps to do so, he remains unable
to secure permission to enter;
Location order (directions to Tipstaff)
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Location Order: Direction to the Tipstaff
(c)
(d)
(e)
(f)
(g)
whilst one or more of the entries referred to in sub-paragraph (f) below remains
operative, arrest any person whom he has reasonable cause to believe has been
served with the Location order and has disobeyed any of the obligations imposed by
paragraphs 10, 11 or 12 of it, and shall explain to that person the ground for the
arrest and shall bring him or her before the court as soon as practicable and in any
event no later than the working day immediately following the arrest;
cause any person arrested pursuant to paragraph 4(c) above to be detained until he
or she is brought before the court and, as soon as practicable during any such
period of detention, give to that person the opportunity to seek legal advice;
keep safely, until further direction of the court, any document handed over to him
pursuant to paragraph 11 of the Location order;
initiate in respect of this direction and the Location order entries of a Port Alert and
on the PNC and WICU systems that are to remain operative until further order of
the court or until the Tipstaff is satisfied that he has fully executed his primary
duties under the Location order whereupon he may cancel or amend the entries on
the expiration of at least two business days from the date upon which he notifies the
applicant either personally or through solicitors in writing of his intention to do so;
and
inform the National Ports Office and the police of the powers conferred by this
direction on the Tipstaff acting by a police officer.
5.
The Tipstaff must not disclose any information or provide a copy of any document
obtained by the Tipstaff pursuant to the Location order to any person other than those listed
in paragraph 6.
6.
Subject to further direction of the court and notwithstanding any request that he should not
do so the Tipstaff shall provide all information obtained by him pursuant to the Location
order to:
(a)
the court,
(b)
the applicant’s solicitors Messrs KKK on the basis of their undertaking set out in
paragraph 9 of the Location order unless he has been notified of a proposed
application for a direction that he should not do so.
7.
If the Tipstaff has not located the child(ren) by [the date 6 months after the making of the
order] this order shall lapse in its entirety.
Dated
Mr(s) Justice
A Justice of the High Court
Location order (directions to Tipstaff)
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