Collection Order
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 Children 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]…. After consideration of the documents lodged by the applicant After reading the statements and hearing the witnesses specified in paragraph 6 of the Recitals below
COLLECTION ORDER MADE BY [NAME OF JUDGE] ON [DATE] SITTING IN PRIVATE
IMPORTANT WARNING TO [YY] OF [ADDRESS]
If you YY disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized.
If any other person who knows of this order and does anything which helps or permits you YY to breach the terms of this order they may be held to be in contempt of court and may be imprisoned, fined or have their assets seized.
Important Notice to YY At the time of making this order the court has directed the Tipstaff to arrest any person whom he has reasonable cause to believe has been served with this order and has disobeyed any of the obligations imposed by paragraphs 13 – 16 of it. You are not excused from complying with this order by reason that to do so might incriminate yourself or your spouse of an offence; but a statement or admission made in compliance with this order shall not be admissible in evidence against you or your spouse (if applicable) in proceedings for any offence other than perjury If he arrests you, the Tipstaff must explain to you the ground for your arrest, must bring you before the court as soon as practicable and in any event no later than the working day immediately following your arrest and must detain you until then.
Collection order (more than one child) 1 Collection Order You have the following legal rights: (a) to seek legal advice and, if arrested, to be given the opportunity as soon as practicable to seek legal advice. This right does not entitle you to disobey any part of this order until you have sought legal advice. (b) to require the applicant's solicitors, namely Messrs KKK, (ref: [ ], tel: [ ], email [ ]) at their own expense to supply you with a copy of any affidavit and their note of the hearing and any oral evidence referred to in para 6 below. (c) to apply, whether by counsel or solicitor or in person, to the judge of the High Court, Family Division, assigned to hear urgent applications at the Royal Courts of Justice, Strand, London WC2A 2LL, if practicable after giving notice to the applicant's solicitors, for an order discharging or varying any part of this order or for a direction that information provided by you to the Tipstaff (or his officers) pursuant to this order is not disclosed to any person (other than the court). This right does not entitle you to disobey any part of this order until your application has been heard. If you notify the tipstaff that you propose to make an application to the court that he should not disclose any information or document provided by you to him pursuant to this order he will not do so other than with your consent or pursuant to a further direction of the court given on your application or an application by him, the applicant or an interested person. (d) if you do not speak or understand English adequately, to have an interpreter present in court at public expense in order to assist you at the hearing of any application relating to this order.
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. 3. This order is effective against any respondent on whom it is served or who is given notice of it.
Definitions 4. The Tipstaff is the enforcement officer of the High Court at the Royal Courts of Justice. He has a deputy and assistants and can authorise police officers to act on his behalf. Any obligation to give information to the Tipstaff or to hand over a document to him includes an obligation to do so to his deputy or assistant or a police officer acting on his behalf.
Recitals 5. This order was made at a hearing without notice to the respondent. The reason why the order was made without notice to the respondent was [set out]
6. The Judge read the following affidavits/witness statements [set out] and heard oral testimony from [name].
7. At the time of making this order, the court gave directions to the Tipstaff of the High Court of Justice to take charge of the children AA, BB and CC and then to place them in accordance with paragraph 12 of this order.
Collection order (more than one child) 2 Collection Order Undertakings to the court by the applicant XX 8. Once the children have been [placed into their care] / [provided with accommodation by the appropriate local authority], (s)he will not remove the children from England and Wales nor cause or permit the children to stay overnight at an address other than [an address disclosed to the Tipstaff] / [an address chosen by that local authority] until the conclusion of the further hearing directed in paragraph 12 of this order.
Undertakings to the court by the applicant’s solicitors KKK 9. As soon as they become aware that the children have been placed into the applicant's care] / [provided with accommodation by the appropriate local authority ], they will apply for the fixing of the date, time and place of the further hearing directed in paragraph 12 of this order and will take all reasonable steps to communicate them to the respondent.
10. They will forthwith inform the Tipstaff in writing in the event that the applicant should independently of the Tipstaff [receive the children into their care] / [ place the children / in accommodation provided by the appropriate local authority] or that for any other reason there is no further need for the Tipstaff’s services herein.
11. Save with the prior permission of the court they will: (a) not disclose any information or document obtained by the Tipstaff pursuant to this order to the applicant), (b) not use such information and documents for any purpose other than assisting the Tipstaff to enforce this order and in the conduct of these proceedings, (c) keep any record of information received by them as a consequence of this order in a separate file marked confidential and with a note that its contents are subject to undertakings to the court and will not copy or provide that information to others save for the purposes set out in (b) above, and (d) If they consider it appropriate so to do to obtain a written undertaking in terms of (a), (b) and (c) above from any person provided with information received by them as a consequence of this order for the purposes set out in (b) above
Undertaking 11 will be discharged if and when the court makes an order disclosing this information to the applicant
IT IS ORDERED THAT: 12. The children AA, BB and CC must be [placed into the care of the applicant] / [provided with accommodation by the appropriate local authority] on a temporary basis, namely until a further hearing of the court which must take place within three clear working days after [the applicant’s care of the children] / [the provision of such accommodation] begins.
13. If the respondent and/or any other person served with this order is in a position to do so, he or she must each deliver the children into the charge of the Tipstaff.
14. If the respondent or any other person served with this order is not in a position to deliver the children into the charge of the Tipstaff, they must each:-
(a) inform the Tipstaff of the whereabouts of the children, and of the place at which the children reside within England and Wales if such are known to them; and
(b) also in any event inform the Tipstaff of all matters within their knowledge or understanding which might reasonably assist him in locating the children, and
Collection order (more than one child) 3 Collection Order (c) if it is requested by the Tipstaff, give the address at which that person will be living in England and Wales and (if practicable) a telephone number and email address at which that person can be contacted.
15. The respondent and/or any other person served with this order must not (i) remove or (ii) knowingly permit the removal of the children from the jurisdiction of England and Wales.
16. The respondent and any other person served with this order must each hand over to the Tipstaff (for safe-keeping until the court makes a further order) as many of the following documents as are in his or her possession or control:- (a) every passport relating to the children, including an adult's passport by which the children are also permitted to travel, and every identity card, ticket, travel warrant or other document which would enable the children to leave England and Wales; and (b) every passport relating to the respondent and every identity card, ticket, travel warrant or other document which would enable the respondent to leave England and Wales.
17. The respondent and/or any person served with this order must not (a) make any application for, (b) obtain, seek to obtain, or (c) knowingly permit, encourage or support any steps being taken to apply for, or obtain any passport, identity card, ticket, travel warrant or other document which would enable either (a) the children, or (b) the respondent to leave England and Wales.
18. The respondent and any other person served with this order must, as soon as is practicable after it comes to his or her knowledge inform the Tipstaff of any information referred to in paragraph 14(a) and (b) above.
19. The respondent and any other person served with this order must, if practicable before any such change takes place and in any event as soon as is practicable inform the Tipstaff of any changes in the information provided by that person pursuant to paragraphs 14 and 18 above.
20. This order or a faxed or scanned copy of it must be personally served upon the respondent and upon any other person whom it is proposed to make liable under it, but if the respondent or any other person refuses or evades or seeks to evade personal service, the court will consider that he or she has been validly served if the effect of the order has been brought to his or her attention.
21. The obligations under paragraphs 12 – 14 above will continue until the Tipstaff locates the children and the obligations under paragraphs 15 – 19 inclusive will continue until the court by further order provides otherwise, but if the Tipstaff has not located the children by [the date one year after the making of the order] this order shall lapse in its entirety.
22. Anyone served with or notified of this order may apply to the court at any time to vary or discharge this order (or so much of it as affects that person), but they must first inform the applicant’s solicitors. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the applicant’s solicitors in advance.
Dated
Collection order (more than one child) 4 Collection Order NOTE: SERVICE OF THIS ORDER UPON THE RESPONDENT(S) AND ANY OTHER PERSON IS TO BE EFFECTED ONLY BY THE TIPSTAFF. THE COPY PROVIDED TO THE APPLICANT MUST NOT BE USED FOR SERVICE UPON ANY PERSON
Notice pursuant to PD 33A para 1.4
You XX may be sent to prison for contempt of court if you break the promise that have been given to the court
Statements pursuant to PD 33A para 1.5
I understand the undertakings that I have given, and that if I break any of my promises to the court I may be sent to prison for contempt of court
……… XX [signed on his/her behalf by KKK]
Notice pursuant to PD 33A para 1.4
You KKK may be fined or sent to prison for contempt of court if you break the promise that have been given to the court
Statements pursuant to PD 33A para 1.5
I understand the undertakings that I have given, and that if I break any of my promises to the court KKK may be fined or sent to prison for contempt of court
……… [on behalf of KKK]
Collection order (more than one child) 5