In the High Court of Justice - Judiciary



In the High Court of Justice No:

Family Division

Sitting at [place]

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 Collection Order was made against the respondent YY in respect of the child/children AA, BB and CC (“the Collection 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 take charge of the child/children AA, BB and CC and then [to place the children / child into the care of the applicant] or [into the control of the appropriate local authority];;

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;

c) whilst one or more of the entries referred to in sub-paragraph (f) hereof remains operative, arrest any person whom he has reasonable cause to believe has been served with the Collection Order and has disobeyed any of the obligations imposed by paragraphs 13 – 16 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;

d) cause any person arrested pursuant to sub-paragraph (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;

e) keep safely, until further direction of the court, any document handed over to him pursuant to paragraph 16 of the Collection Order;

f) initiate in respect of this direction and the Collection 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 Collection 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

g) 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 the Collection 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 Collection Order to:

(a) the court,

(b) the applicant’s solicitors Messrs KKK on the basis of their undertaking set out in paragraph 11 of the Collection 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 executed the Collection order in respect of 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

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