Recovery of abducted children etc. CA 1989 s. 50
Recovery order under CA 1989 s. 50 for a child unlawfully taken, kept away, run away, or missing. Applies to children in care or emergency protection.
Where it appears to the court that there is reason to believe that a child to whom this section applies— has been unlawfully taken away or is being unlawfully kept away from the responsible person; has run away or is staying away from the responsible person; or is missing, the court may make an order under this section (“a recovery order”). This section applies to the same children to whom section 49 applies and in this section “ the responsible person ” has the same meaning as in section 49. A recovery order— operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person; authorises the removal of the child by any authorised person; requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court; authorises a constable to enter any premises specified in the order and search for the child using reasonable force if necessary. The court may make a recovery order only on the application of— any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or where the child is in police protection, the designated officer. A recovery order shall name the child and— any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or where the child is in police protection, the designated officer. Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them. In this section— “ an authorised person ” means— any person specified by the court; any constable; any person who is authorised— after the recovery order is made; and by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order, to exercise any power under a recovery order; and “ the designated officer ” means the officer designated for the purposes of section 46. Where a person is authorised as mentioned in subsection (7)(c)— the authorisation shall identify the recovery order; and any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised. A person shall be guilty of an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child. A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. No person shall be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury. Where a child is made the subject of a recovery order whilst being looked after by a local authority, any reasonable expenses incurred by an authorised person in giving effect to the order shall be recoverable from the authority. A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it. In this section “ the court ”, in relation to Northern Ireland, means a magistrates’ court within the meaning of the Magistrates’ Courts (Northern Ireland) Order 1981.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows a court to make a recovery order for a child who is in local authority care or under an emergency protection order (or in police protection) and has been unlawfully taken away, kept away, has run away, or is missing. The order can be applied for by a person with parental responsibility under a care order or emergency protection order, or by the designated officer if the child is in police protection.
A recovery order directs anyone who can produce the child to do so, authorises an authorised person to remove the child, requires anyone with information about the child's whereabouts to disclose it to a constable or court officer, and authorises a constable to enter premises named in the order and search for the child using reasonable force if necessary. The court can only specify premises if there are reasonable grounds to believe the child is there.
Obstructing an authorised person who is removing the child is a criminal offence punishable by a fine. A person cannot refuse to give information about the child's whereabouts on the ground that it might incriminate them, but that information cannot be used against them in criminal proceedings except for perjury. If the child is being looked after by a local authority, the authority must pay reasonable expenses of giving effect to the order.
When it applies
- A child in a foster home under a care order is taken by a relative without permission, and the local authority applies for a recovery order to have the child returned.
- A child under an emergency protection order runs away from the place where they were placed, and the court makes a recovery order authorising the police to search for and return the child.
- A child in police protection is missing, and the designated officer applies for a recovery order to get information from the child's friends about where they might be.
- A person who has parental responsibility under a care order believes the child has been taken to a specific address and applies for a recovery order to allow the police to enter and search those premises.
What this section does not say
- This section does not apply to children who are not in care or under emergency protection; for example, a parent whose child is taken by the other parent in a private dispute cannot use this section – that would be dealt with under other family law provisions or the Hague Convention.
- It does not create a criminal offence of abduction itself; that is covered by section 49 of the same Act (abduction of children in care).
- It does not give a general power to search for any missing child; the child must be one to whom section 49 applies (i.e., in care, under emergency protection, or in police protection).
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This page reproduces the text of CA 1989 s. 50 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.