Seek and Find Orders
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2011. Crown Copyright
material is reproduced with the permission of the Controller of HMSO and the
Queen's printer for Scotland.
What is a Seek
and Find Order?
When might I
apply for a Seek and Find Order?
Who might know
where my children are?
How do I apply to
the court for a Seek and Find Order?
Finding your
local family court
What is a Seek and Find Order <Back to Top>
A Seek and Find Order is a court order made to
locate a child’s whereabouts. The order
can be applied for under section 33 of the Family Law Act 1986. This act allows
the court to order any person who it has reason to believe may have relevant
information about the location of a child, to disclose that information to the
court. The relevant part of the Family Law Act reads:
33. Power to order disclosure of child’s
whereabouts.
(1) Where in proceedings for or relating to a [Part I
order] in respect of a child there is not available to the court adequate
information as to where the child is, the court may order any person who it has
reason to believe may have relevant information to disclose it to the court.
(2) A person shall not be excused from complying with an
order under subsection (1) above by reason that to do so may incriminate him or
his spouse of an offence; but a statement or admission made in compliance with
such an order shall not be admissible in evidence against either of them in
proceedings for any offence other than perjury.
(3) A court in Scotland before which proceedings are
pending for the enforcement of an order [relating to parental responsibilities
or parental rights in relation to] a child made outside the United Kingdom
which is recognised in Scotland shall have the same powers as it would have
under subsection (1) above if the order were its own.
When
might I apply for a Seek and Find Order? <Back
to Top>
If you are seeking a contact order, residence or
some other court order in respect of your children and do not know where they
are.
Who might know where my children are? <Back to Top>
The immediately obvious people are those who know
the person who is caring for the children. This may include their family and
friends or their employer. You should be prepared to suggest to the court who
should be ‘named in the order’ to provide information about their address. The
parent (or other adults) who you believe the children to be with may well, and are likely to have given their new address
details to public bodies (if not now, then in the near future). Examples
include:
1] The
Department for Work and Pensions (if they are in receipt of benefits or
working).
2] The DVLA
(if they hold a driving license).
3] The children’s school. If the children have
been removed from school, their previous school should be contacted by the new
school to get their records. The old school should therefore have a record of
the new school’s name and address, and the new school should have a record of
the children’s current address.
4] The children’s General Practitioner (GP). If
the children’s GP has changed, their old GP should have been contacted by the
new GP to get their medical records. The old GP may have a record of who these
were sent to, to identify the new GP, and the new GP should have their address.
Also be prepared to be specific in what ‘directions’
you want the court to make. As an example, within the application form, if you
know the bank account of the adult/parent with whom the child are with, as an
example, you might ask that the court specifically directs that ‘Barclays Bank
must divulge details of the address for Mr or Mrs X, date of birth XX/XX/XXXX
whose account is held at Shrewsbury City Centre Branch. Similarly, you might
ask that the court directs that their employer provides their new address
details, or that the children’s school does etc.
What other information should I provide? <Back to Top>
1] You will need to provide the children’s
names, dates of birth, and sex.
2] Provide a recent
photograph (if you have one) and a description of each child.
3] The court application form asks you to
provide your solicitor’s name and address, but you only need provide this if
using one (e.g. you can represent yourself in court).
4] Provide the name of the adult you believe
the children to be with, and any information which may help trace them (e.g.
their date of birth, a photograph and description, bank account number and the
name of the bank they use, their driving licence number, their passport number,
their mobile phone number etc).
If you have the other parent’s mobile number (and
they have kept this, and are simply not returning your calls), you may ask that
the court direct the police to use the parent’s mobile number to trace their
whereabouts (which can be done with modern technology).
How do I apply to the court for a ‘Seek and Find Order’? <Back to
Top>
If you are
using a solicitor, they will sort out the application and paperwork for you.
If you are not
using a solicitor, it isn’t complicated, and you should follow these steps:
Download and
complete the Form C4. A Form
C4 can also be downloaded from our Court Forms page. Print and sign three copies of the form. Within the C4
Form, you should list the names and contact details for any people who you
believe may know of your child’s whereabouts. This might include your
ex-partner’s family members, their employer, or even organisations
such as GP surgeries, the Department for Work and Pensions, Social Services,
The DVLA etc.
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. If you are on a low income, you may get help with
the application fee. Contact your local family court and speak to their
administration department about this.
When matters go
before the court, it will assist both you and the judge if you have written a
brief ‘Position
Statement’.
Try to keep the position statement to two to three pages, setting out briefly
why you are applying for the seek and find order, what other orders you are
applying for (e.g. contact
or residence
or parental
responsibility etc), and why you believe the
granting of your application is in the children’s best interests. Be factual,
and try to be objective in what you write, and the language you use. 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 to deliver the application
forms, 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 (if you have
time to write one).
Hand in the court forms, fee and position statement to the court’s
administration department.
Ideally, hand in any further application forms relating to contact,
residence or parental responsibility at the same time.
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 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.