Seek and Find Orders

 

If you are seeking an order under the Children Act 1989 and do not know the whereabouts of the child, you can apply for a 'seek and find' order under section 33 of the Family Law Act 1986.

The application is made on Form C4. Apart from your personal details this asks for the name, date of birth and sex of the child (with a recent photograph if possible) and details of "the person believed to have actual control of the child".

Under section 33 (1) "the court may order any person who it has reason to believe may have relevant information to disclose it to the court". You will need to specify who should be required to disclose information (this is not necessarily an individual and can include a Government agency such as the DSS). You must also give a brief explanation on the form of the grounds for your application, and it may be advisable to swear an affidavit in support.

Once the information has been provided to the court then service of the Children Act 1989 application can be effected and proceedings commenced.

 

Updated 21 February, 2005