Location Order
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
AA (a boy/girl born on dd/mm/yyyy)
After hearing [name the advocate(s) who appeared]….
After consideration of the documents lodged by the applicant
After reading the statements and hearing the witnesses specified in paragraph 6 of the recitals
below
LOCATION ORDER MADE BY [NAME OF JUDGE] ON [DATE] SITTING IN PRIVATE
IMPORTANT WARNING TO [YY] OF [ADDRESS]
If you YY disobey this order you may be held to be in contempt of court and may be
imprisoned, fined or have your assets seized.
If any other person who knows of this order and does anything which helps or permits you
YY to breach the terms of this order they may be held to be in contempt of court and may be
imprisoned, fined or have their assets seized.
Important Notice to YY
At the time of making this order the court has directed the Tipstaff to arrest any person whom he
has reasonable cause to believe has been served with this order and has disobeyed any of the
obligations imposed by paragraphs 10, 11 or 12 of it. You are not excused from complying with
this order by reason that to do so might incriminate yourself or your spouse of an offence; but a
statement or admission made in compliance with this order shall not be admissible in evidence
against you or your spouse (if applicable) in proceedings for any offence other than perjury. If he
arrests you, the Tipstaff must explain to you the ground for your arrest, must bring you before the
court as soon as practicable and in any event no later than the working day immediately following
your arrest and must detain you until then.
You have the following legal rights:
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(a)
(b)
(c)
(d)
to seek legal advice and, if arrested, to be given the opportunity as soon as practicable to
seek legal advice. This right does not entitle you to disobey any part of this order until you
have sought legal advice.
to require the applicant's solicitors, namely Messrs KKK, (ref: [ ], tel: [ ], email [ ]) at
their own expense to supply you with a copy of any affidavit, their note of the hearing and
their note of any oral evidence referred to in para 6 below.
to apply, whether by counsel or solicitor or in person, to the judge of the High Court,
Family Division, assigned to hear urgent applications at the Royal Courts of Justice,
Strand, London WC2A 2LL, if practicable after giving notice to the applicant's solicitors,
for an order discharging or varying any part of this order or for a direction that information
provided by you to the Tipstaff (or his officers) pursuant to this order is not disclosed to
any person (other than the court). This right does not entitle you to disobey any part of this
order until your application has been heard. If you notify the tipstaff that you propose to
make an application to the court that he should not disclose any information or document
provided by you to him pursuant to this order he will not do so other than with your
consent or pursuant to a further direction of the court given on your application or an
application by him, the applicant or an interested person.
if you do not speak or understand English adequately, to have an interpreter present in
court at public expense in order to assist you at the hearing of any application relating to
this order.
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 child acts by a children’s guardian
2.
Unless otherwise stated, a reference in this order to ‘the respondent’ means all of the
respondents.
3.
This order is effective against any respondent on whom it is served or who is given notice
of it.
Definitions
4.
The Tipstaff is the enforcement officer of the High Court at the Royal Courts of Justice. He
has a deputy and assistants and can authorise police officers to act on his behalf. Any
obligation to give information to the Tipstaff or to hand over a document to him includes an
obligation to do so to his deputy or assistant or a police officer acting on his behalf.
Recitals
5.
This order was made at a hearing without notice to the respondent. The reason why the
order was made without notice to the respondent was [set out]
6.
The Judge read the following affidavits/witness statements [set out] and heard oral
testimony from [name].
7.
At the time of making this order, the court gave directions to the Tipstaff of the High Court of
Justice to locate the child AA and as soon as he has done so, unless he has been notified of a
proposed application for a direction that he should not do so, to inform the applicant [through
solicitors] of the child’s whereabouts.
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Undertakings to the court by the applicant’s solicitors KKK
8.
They will forthwith inform the Tipstaff in writing in the event that the applicant should
independently of the Tipstaff locate the child or if there is no further need for the Tipstaff’s
services.
9.
Save with the prior permission of the court they will:
(a)
not disclose any information or document obtained by the Tipstaff pursuant to this
order to the applicant),
(b)
not use such information and documents for any purpose other than assisting the
Tipstaff to enforce this order and in the conduct of these proceedings,
(c)
keep any record of information received by them as a consequence of this order in a
separate file marked confidential and with a note that its contents are subject to
undertakings to the court and will not copy or provide that information to others
save for the purposes set out in (b) above, and
(d)
If they consider it appropriate so to do will obtain a written undertaking in terms of
(a), (b) and (c) above from any person provided with information received by them
as a consequence of this order for the purposes set out in (b) above
Undertaking 9 will be discharged if and when the court makes an order disclosing this
information to the applicant
IT IS ORDERED THAT:
10.
The respondent and any other person served with this order must each:(a)
inform the Tipstaff of the whereabouts of the child AA and of the place at which
the child resides within England and Wales, if such is known to him or her; and
(b)
also in any event inform the Tipstaff of all matters within his or her knowledge or
understanding which might reasonably assist him in locating the child, and
(c)
if it is requested by the Tipstaff, the address at which that person will be living in
England and Wales and (if practicable) a telephone number and email address at
which that person can be contacted.
11.
The respondent and any other person served with this order must each hand over to the
Tipstaff (for safe-keeping until the court makes a further order) as many of the following
documents as are in his or her possession or control:(a)
every passport relating to the child, including an adult's passport by which the child
is also permitted to travel, and every identity card, ticket, travel warrant or other
document which would enable the child to leave England and Wales; and
(b)
every passport relating to the respondent and every identity card, ticket, travel
warrant or other document which would enable the respondent to leave England
and Wales.
12.
The respondent and any person served with this order must not (a) remove, or (b)
knowingly permit the removal of, the child from the jurisdiction of England and Wales.
13.
The respondent and/or any person served with this order must not (a) make any application
for, (b) obtain, seek to obtain, or (c) knowingly permit, encourage or support any steps
being taken to apply for, or obtain any passport, identity card, ticket, travel warrant or other
document which would enable either (a) the child, or (b) the respondent to leave England
and Wales.
14.
The respondent and any other person served with this order must not (a) change, or (b)
knowingly permit or encourage any change of, the place at which the child presently reside
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within England and Wales.
15.
The respondent and any other person served with this order must, as soon as is practicable
after it comes to his or her knowledge inform the Tipstaff of any information referred to in
paragraph 10(a) and (b) above.
16.
The respondent and any other person served with this order must, if practicable before any
such change takes place and in any event as soon as is practicable inform the Tipstaff of
any changes in the information provided by that person pursuant to paragraphs 10 and 15
above.
17.
This order or a faxed or scanned copy of it must be personally served upon the respondent
and upon any other person whom it is proposed to make liable under it, but if the
respondent or any other person refuses or evades or seeks to evade personal service, the
court will consider that he or she has been validly served if the effect of the order has been
brought to his or her attention.
18.
The obligations under paragraph 10 above will continue until the Tipstaff locates the child
and the obligations under paragraphs 11 – 17 inclusive will continue until the court by
further order provides otherwise, but if the Tipstaff has not located the child by [the date
6m after the making of the order] this order shall lapse in its entirety.
19.
Anyone served with or notified of this order may apply to the court at any time to vary or
discharge this order (or so much of it as affects that person), but they must first inform the
applicant’s solicitors. If any evidence is to be relied upon in support of the application, the
substance of it must be communicated in writing to the applicant’s solicitors in advance.
Dated
NOTE:
SERVICE OF THIS ORDER UPON THE RESPONDENT(S) AND ANY OTHER PERSON
IS TO BE EFFECTED ONLY BY THE TIPSTAFF. THE COPY PROVIDED TO THE
APPLICANT MUST NOT BE USED FOR SERVICE UPON ANY PERSON
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Notice pursuant to PD 33A para 1.4
You [KKK] may be fined or sent to prison for contempt of court if you break the promise that have
been given to the court
Statements pursuant to PD 33A para 1.5
I understand the undertakings that I have given, and that if I break any of my promises to the court
KKK may be fined or sent to prison for contempt of court
………
[on behalf of KKK]
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