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How do I locate a child during legal proceedings? Which order do you need?

Updated: Feb 29

Contents:


How can I find my child?

If a child is missing or their whereabouts are unknown and there are ongoing legal proceedings for a Section 8 Order or a child’s wardship, the court has the authority to order anyone to disclose the child's whereabouts.


It should be noted that information or specifics about the child's whereabouts only have to be disclosed to the court.


What order do I apply for to locate my child?


To apply for this order, you have to complete Form C4. This form can be found on gov.uk (the official government website) here.


We at Court Help Limited are a family law firm that can help you by drafting documents and walking you through these complex situations for low prices. You can give us a call at 07375757510 or fill in the quick contact form at the very bottom of the page.


What happens after the order is made?

Following the issuance of the order, the court will typically send a form to the Department of Work and Pensions and/or HMRC requesting information on the whereabouts of the child.


The person named in the order must provide the court with any information of the requested regarding the child's whereabouts if they have it.


This could range from phone numbers in use by the child to people the child was in contact with.


If the information was about a phone number used by a child, this could be:

  • The subscriber's name

  • The installation address

  • Where the phone was last used

  • Billing information

  • Incoming and outgoing call information

Once the information has been obtained, the court will decide what to do with it.


Can others use the information that shared about the child under this order?


No, it should be noted that any information shared by the person named in the order cannot be revealed to any other party without the court's approval.


It is important to note that by law, any statement or admission made in compliance with this order can not be used as evidence anyone in proceedings for any offence apart from perjury


Can the order be discharged?


The designated authority or party requested for the information may petition the court to have the order revoked within seven days of receiving it.


Is there a punishment for breaking the order?

Yes, the order will include a separate attachment of a penal notice for disobeying the order.


The violation of the order will be considered contempt of court, and can result in:

  • Asset forfeiture

  • A fine

  • Jail time.

How can we help you with your family law concerns?


At Court Help Limited, we specialise in writing statements and applications for family court cases.


Our legal team has extensive experience and knowledge to assist you with the necessary paperwork and documentation. We also have extensive experience with various family law issues such as child custody, divorce settlement, domestic abuse, and so on.


To learn more about English family law issues, read some of our other related articles here.


Please do not hesitate to contact us if you are experiencing family law issues. You can read our evaluations here. You can contact us by filling out the Quick Contact Form at the bottom of the page, sending an email to help@incourt.co.uk, or calling 07375757510.


This article is not legal advise and should not be treated as legal advice.


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