Whilst there are perfectly innocent reasons why your ex might not yet have returned with your children from Britain, it could also be a real cause for concern. In the first instance, it will be necessary to contact your ex, the hotel or the last place they were known to be and any family or friends who might know of their whereabouts.
If you are unable to find out any further information, it is advisable to apply for a ‘location order’, which will enable the enforcement officer of the High Court known as the ‘Tipstaff’, once your children have been located, to attend the property where the children have been found and seize their passports to prevent your ex from removing the children again. A Port Alert can also be put in place that will be triggered if your ex tries to remove the children from the jurisdiction. In order to assist in locating the children if their whereabouts are unknown, you can apply to the High Court for orders (without notice to your ex) requiring third parties such as public authorities, airlines or banks to disclose any information they hold that may help to ascertain your children’s whereabouts. Tipstaff location orders may also be extended to relatives, friends or associates of your ex who can be compelled to provide oral evidence as to the location of your child. As a leading law firm, we are extremely familiar with making High Court applications and we will be able to ensure that your case is presented rapidly to the relevant High Court judge.
If there is a possibility that your ex has abducted your children, our team of highly experienced family lawyers will be able to assist you with a critical and rapid response.
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