A guide on how to apply to locate your missing child.
If you don’t know where your child is living, you can make an application for a ‘Seek and Find Order’ (Application for an order for disclosure of a child’s whereabouts) under section 33 of the Family Law Act 1986. This application allows the court to order any person who the court or you believe may know where your child is living to disclose that information to the court.
The obvious people who may know where your child is currently living would be the people who know the person who is caring for the child. When you make the application, you will need to be prepared to tell the court who should be named in the order to provide information on the child’s address (people such as family members, friends, employer etc.)
The person in care of your child may have, or may do in the future, change address but might have given their new address to places such as –
- The department of work and pensions (if they are on benefits or working)
- The DVLA (if they drive or own a car)
- The child’s school
- The child’s GP (the old GP should have been contacted by a new GP for medical records, so should know what doctors’ surgery they are using now)
When you apply for a Seek And Find Order, you need to be clear and specific on what you want the court to do, for example, you may know the person in care of your child’s bank account details, So you could ask the court that they investigate the specific branch they use.
An example of this would be -
‘Nationwide bank must disclose the address of Mr/Mrs Smith, date of birth X/XX/XXXX whose account is held at the … branch.' You can also do this for employers.
Other information you will need to give would be –
- Child’s name, date of birth and sex
- A recent photograph of the child
- Your solicitor’s name and address (if you are using one)
- The name of the adult you believe is in care of your child
- Any other information on the person in care of your child that you believe is relevant (for example, date of birth, a recent photograph, description, bank account number, the bank that they use, driving license number, passport number, phone number etc)
If you have their mobile phone number, you can ask the court to give it to the police who can trace their whereabouts.
How to apply
If you have a solicitor, they will be able to do the application and other paperwork for you.
If you don’t have a solicitor, you will need to complete form C4. You should list any and all names and contact details for anyone that you think might know where your child is. This could include your ex-partner’s family and friends as well as the other examples discussed above.
A Seek and Find Order will cost £232. You can take a cheque, postal order or cash when you go to court. If you have low income, you might be eligible for help with the application fee, you should speak to your local family court’s administration department about getting help.
It is a good idea to write a ‘Position Statement’ to go in with your application. A position statement should be 2-3 pages long and should explain why you are applying for a Seek and Find Order, what other orders you may have applied for and explain why the application being granted is in the best interest of the child. Make sure to use clear and concise language and stick to the facts. A position statement is not required but it helps explain to the judge why you are applying for a Seek and Find Order and can help you in court, so you don’t forget any points you wish to make. You can find a position statement template here - Wikivorce Position Statement Template
When you go to hand in the application to the court building, make sure you have –
- 3 completed and signed copies of the C4 Form
- The cash, cheque or postal order to pay for the application fee
- 3 copies of your position statement (if you choose to write one)
If you do not know where your child is and the courts are unable to assist you, there are several organisations which can help you. Your first option should be the Salvation Army who have a dedicated unit, The Salvation Army Family Tracing Service, 101 Newington Causeway, London SE1 6BN – they report an 85% success rate.
For a FREE 20-minute appointment with a divorce consultant specialising in child arrangements Click here. https://divorce.wikivorce.com/contact-us.html
Other useful resources –
