I want my child back — court orders authorising the taking charge and delivery of a child

Occasionally when there is a breakdown of a relationship, one parent may take drastic steps to prevent the other parent from seeing a child. This could include attempting to disappear with the child, placing the child with family members or friends, or simply failing to advise where they are going in an attempt to cut all ties.

The parent taking these drastic steps may feel they are justified, especially if they feel the child or even they themselves may come to emotional or physical harm if they fail to take such steps.

What can the court do to recover the child?

The court can make an order requiring any person to surrender a child to another named person. This is normally the other parent.

Failure to comply with the surrender of the child may mean that enforcement of that order is necessary. This would be an application made by the person/parent who should have received the child in accordance with the original court order.

What happens if the parent does not comply with the order for enforcement and still fails to surrender the child?

If required, and in drastic circumstances, the court can issue an order that instructs an officer of the court or the police to recover a child from whoever they are currently with.

For such an order to be granted, the court which made the original order imposing the requirement to surrender the child must be satisfied that the child has not been given up in accordance with the order. Such orders are not made lightly.

What happens when an order is issued authorising the taking charge and delivery of a child?

Such an order authorises the use of force to recover a child and deliver the child to the person/parent named in the order.

This means that an authorising officer of the court or the police are ordered to take charge of the child and deliver them to the person/parent named in the order.

The authorising officer of the court or the police can enter and search any premises where the person/parent 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.

What happens if I don’t know where the child is?

There are many other applications you can make in order to locate a child, such as an application to disclose a child’s whereabouts, passport orders and location orders. You should seek urgent legal advice if you do not know where the child is.

I am not the child’s biological parent. Can I still apply for recovery of the child?

Yes, in certain circumstances, you can. This area is complicated and you should seek urgent advice from a specialist lawyer.

I have received an order directing me to hand over my child, but I do not want to. What can I do?

If you have good reason that you do not want to hand over a child in line with an order, for example, due to risk of harm, you should urgently contact a specialist family lawyer who may be able to intervene by making an urgent application to the court.