HOW CAN YOUR BARRISTER HELP YOU AS A LITIGANT IN PERSON

INFORMATION ON LOCATING THE WHEREABOUTS OF A CHILD

Important note: Please note that this information is not intended to be legal advice. You are advised to seek legal advice.

This information is for the litigant in person wishing to locate their child, whose whereabouts are unknown, and the powers of the court to disclose this information.

How can I locate my child within the UK?

Where there are ongoing proceedings for a child arrangement order, the court has the power to issue an order for any person to disclose the whereabouts of a child which are not known.

The information on the whereabouts of the child will be disclosed to the court under an Order for the Disclosure of Information as to the Whereabouts of a Child.

It is possible to apply for this order on an emergency basis with one-day notice and your barrister can provide advice on the preparation of your case for court.

It is also possible to apply for this without notice if there is reason to believe that notifying the other party might lead to the removal of the child.

Making an application for an order

Your barrister can provide legal advice to prepare your case for court, should any person with a legitimate interest in the court proceedings wish to apply for the order.

The application ought to be supported with evidence.  A fee may apply.

What happens after an order is made?

The court often issues a form to the Department of Work and Pensions and/or HM Revenue and Customs asking for information.

The person or the authority named in the order must disclose to the court, in the way specified in the order, all the information that he has about the whereabouts of a child. This may include, for example, details about the use of a telephone number including the subscriber’s name, billing and installation address, outgoing and incoming calls and the location of where the phone has been used.

The court will then decide what to do with the information. The information cannot be disclosed to the parties of the court without the court’s permission. 

The person or authority named in the order may apply to court within 7 days of service to have the order discharged or varied. 

The order will have a penal notice attached for failure to comply. Breach of any part of the order may be contempt of court resulting in imprisonment, a fine or seizure of assets.

Child in Refuge

Where a parent has taken a child to stay at a refuge, the police should not be directed to disclose the address other than to the Court manager.

The Court will therefore be aware of where the child is, and that the child is safe but will not disclose the whereabouts of the child to the other party but may seek confirmation of the child’s welfare.

This is to protect the safety of all residents of the refuge.