Recovery Orders
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2006. Republished in Smartphone Format in 2012.
What happens if the
Police become
involved?
What form would I use to
apply to the Court for a Recovery Order?
Finding your local
Family Court
What is a Recovery Order? <Back to Top>
Recovery Orders provide legal measures to assist in the recovery of
children who have been unlawfully taken away from or withheld from the person
who is responsible for them. A Recovery Order may also be made if the children
have run away, or are missing. In the event the children are missing, you might
also consider applying for a Seek
and Find Order at the same time.
Can I apply for a Recovery Order? <Back to Top>
You can apply for a Recovery Order if an Emergency Protection Order has been granted in your favour.
If no Residence Order is in place and your ex-partner
has removed your children from the family home, an application for a Residence
Order would be the appropriate order to request.
If you consider your children to be at risk of significant harm in your ex-partner’s care, then
an Emergency
Protection Order should be applied for, following
which a Recovery Order can be made. As an alternative to
going to Court, you should notify Social Services who can investigate your
concerns.
What measures does the order provide to assist in the return of my
children? <Back to Top>
A Recovery Order directs anyone in possession of the children to produce
them when requested to do so by someone authorised by
the Court. An authorised person could be anyone who
the Court deems suitable, including yourself if you are the applicant.
The order permits the removal of the children by the authorised
person and requires anyone who has information about the children’s whereabouts
to divulge it when asked by the Police or an Officer of the Court.
The order also authorises the Police to use reasonable force to enable
them to search for the children and to enter premises where the Court believes
the children might be.
What happens if people withhold information about the children’s
whereabouts and attempt to prevent them from being recovered?
<Back to Top>
They will be committing an offence and the Court can impose fines as a
punishment.
What happens if the Police become involved?
<Back to Top>
Before returning the child to the applicant, or giving the applicant any information as to the whereabouts of the
child, the Police must check their records to see whether either party has committed acts
of violence. Having located the child, then without notifying the applicant of
the child's whereabouts, they may make enquiries with regard to the child's
welfare.
If, when the Police check their records, they find
that the applicant has a history of violence, or
they have concerns about returning the child to the applicant’s care, the
Police will not remove the child. They may also advise the respondent to seek legal representation and
must notify the Court of their action immediately.
If there is no record of violence and no reason to believe that the
applicant is a risk to the children, the
Police will return the child to the applicant.
What forms would I use, to
apply to the courts for a Recovery Order? <Back to Top>
You would use Form C3 and Form C18.
Applying to Court <Back to
Top>
If you are using a
solicitor, they will do this for you. Otherwise, download and complete Forms C3
and C18. Print and sign three copies of the form.
Check how much the court fees are, and either take a cheque, postal order or cash for that amount when you go to
your local family court.
It will assist both you
and the judge if you write a brief ‘Position Statement’. Try to keep the
position statement to two to three pages, setting out briefly why you are applying
for a Recovery Order, when the children should have been returned to you, when
you last saw them, and where you believe them to be (if you know). Be factual,
and try to be objective in what you write, and the language you use. Name any
people who may know where the children are, including their addresses if you
have them. Include photographs of the children.
A position statement is
not essential, but it helps inform the judge, briefly and ideally succinctly,
why you are applying for the order, and can assist you in court so you do not
forget any points you wish to raise.
Before setting off for the court
building, ensure you have with you:
a] Three
completed and signed copies of the forms;
b] The
cash, cheque or postal order to pay the court fee;
c] Three
copies of your Position Statement.
Hand in the court forms, fee and
position statement to the court’s administration department.
Finding your local family court <Back
to Top>
You can use HMCS Court Finder
to do this. Once on that website, enter in your region under ‘Court Region
Search’. Then make sure that ‘Court Work Type Search’ is set to ‘Family Work’.
Then search under ‘Court Type’ and do a search first on ‘Combined Crown and
County Court’, then ‘County and Magistrates Court’, and then ‘County Court and
District Registry’. Choose the court which is closest to where you or your
children live and print the details.
Support <Back to
Top>
The Custody Minefield offers support forums where you can
ask our team of experienced support staff questions about family law, the
courts and separation. Collectively, we have answered more than 10,000 posts on
other family law related support forums. Visit our Support Forum Page on
The Custody Minefield website to find out how to register.