This page explains how to make an application to locate a child whose whereabouts are unknown, as well as the court's authority to disclose this information.
How can I locate my child within the UK?
If there are ongoing proceedings for a Section 8 order or wardship, the court has the power to issue an order for any person to disclose the whereabouts of a child if his whereabouts are not known. The information on whereabouts will be disclosed only to the court.
This power is contained under Section 33 Family Act 1986 and the order is an 'Order for the Disclosure of Information as to the Whereabouts of a Child'.
How do I apply for this order?
The application can be made using a C4 form. This cannot be made as a stand-alone application. The application must be made alongside the Section 8 of the Children Act 1989 proceedings or wardship. Any person with a legitimate interest in the court proceedings may apply for the order.
What happens after an order is made?
The court often issues a form to the Department of Work and Pensions and/or HMRC asking for information.
The person or authority named in the order must disclose to the court, in the manner specified in the order, all information they have about a child's whereabouts. This may include, for example, details about the use of a telephone number including the subscriber's name, billing and installation address, outgoing and incoming calls and the location of where the phone has been used.
The court will then decide what to do with the information. The information cannot be disclosed to the parties without the court's permission.
The person or authority named in the order may apply to the court within 7 days of service to have the order discharged or varied.
The order will have a penal notice attached for failure to comply. Breach of any part of the order may result in contempt of court resulting in imprisonment, a fine, or seizure of assets.
This information is correct at the time of writing, 7th August 2024. The law in this area is subject to change.
Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.
Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.
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This information is correct at the time of writing, 7th August 2024. The law in this area is subject to change.
Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.
Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.
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