Prohibited steps order 56 the english courts can also

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Prohibited steps order 5.6 The English courts can also order a "prohibited steps" order at any time in matrimonial proceedings under section 8(1) of the English Children Act 1989. In the present context, this is equivalent to an injunction prohibiting a person in whose favour a residence order is made from taking the child abroad, particularly in cases where abduction is feared. 5.7 Failure or refusal to return the child to the jurisdiction once this period has expired will constitute a wrongful retention of the child for the purpose of the Hague Convention. If such an order is in existence, then taking the child out of the jurisdiction for any period of time is an offence. Passports 5.8 Section 37 of the UK Family Law Act 1986 provides that when there is a court order prohibiting removal of a child from the United Kingdom, the court may require the surrender of any United Kingdom passport relating to the child. 3 The text of section 37(1) states: "(1) Where there is in force an order prohibiting or otherwise restricting the removal of a child from the United Kingdom or from any specified part of it, the court by which the order was in fact made, or by which it is treated under section 36 of this Act as having been made, may require 3 The United Kingdom Passport Agency provides procedures for lodging objections to the issue of passports for the child. 36
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any person to surrender any United Kingdom passport which has been issued to, or contains particulars of, the child." Power to order disclosure of child's whereabouts 5.9 Section 33 of the UK Family Law Act 1986 4 provides that the court can order any person whom it has reason to believe may have relevant information on a child’s whereabouts to disclose it to the court where there is inadequate information as to the location of the child. A person is not excused from complying with the order by reason of the fact that to do so may incriminate him or his spouse of an offence, but any statement or admission made is not admissible against either of them in proceedings for any offence except perjury. The court has power to summon witnesses to appear before it to reveal the child's whereabouts, and if the witness refuses to answer, he is guilty of contempt and can be punished by fine or imprisonment. The relevant provisions of section 33 state: "(1) Where in proceedings for or relating to a [custody order] in respect of a child there is not available to the court adequate information as to where the child is, the court may order any person who it has reason to believe may have relevant information to disclose it to the court. (2) A person shall not be excused from complying with an order under subsection (1) above by reason that to do so may incriminate him or his spouse of an offence; but a statement or admission made in compliance with such an order shall not be admissible in evidence against either of them in proceedings for any offence other than perjury." 5.10 Rule 6.16 of the UK Family Proceedings Rules 1991 gives the court power to order the child's whereabouts to be disclosed.
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  • Summer '17
  • allen dasu
  • Child custody, Child abduction, Hong Kong SAR

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