Child Attendance at Court Hearings CA 1989 s. 95
Under CA 1989 s. 95, courts hearing Part IV or V applications may order a child to attend, authorize search powers, and compel disclosure of whereabouts.
In any proceedings in which a court is hearing an application for an order under Part IV or V, or is considering whether to make any such order, the court may order the child concerned to attend such stage or stages of the proceedings as may be specified in the order. The power conferred by subsection (1) shall be exercised in accordance with rules of court. Subsections (4) to (6) apply where— an order under subsection (1) has not been complied with; or the court has reasonable cause to believe that it will not be complied with. The court may make an order authorising a constable, or such person as may be specified in the order— to take charge of the child and to bring him to the court; and to enter and search any premises specified in the order if he has reasonable cause to believe that the child may be found on the premises. The court may order any person who is in a position to do so to bring the child to the court. Where the court has reason to believe that a person has information about the whereabouts of the child it may order him to disclose it to the court.
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
When a court considers care, supervision, or emergency protection proceedings under Part IV or Part V of the Children Act 1989, it can issue an order requiring the child involved to attend specific stages of the hearing.
If an attendance order is ignored or unlikely to be followed, the court can issue orders enabling a constable or designated person to take charge of the child, search specified premises to locate them, or require individuals who can do so to bring the child to court. Anyone believed to hold information regarding the child's location can also be legally compelled to disclose it.
When it applies
- A local authority applies for a care order and the judge requires the child to attend a specific stage of the hearing.
- A parent refuses to bring a child to a court hearing despite an explicit court order to produce the child.
- A court orders a police constable to enter premises to locate and bring a child to a court hearing.
- An individual hiding information about where a child is located is ordered by the court to disclose that location.
What this section does not say
- Private child arrangements disputes between parents regarding custody or contact.
- General rules governing how children give evidence during court proceedings.
- Privacy protections and media reporting restrictions for children involved in court cases.
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This page reproduces the text of CA 1989 s. 95 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.