Emergency Custody Orders in the UK: When and How to Act Fast

When an Emergency Order Is Needed

Emergency applications to the family court are appropriate where there is an immediate risk of harm to a child, where a child is about to be removed from the jurisdiction, where a child has been taken without consent, or where there is an imminent threat to the child's safety. The family court can list an urgent application on the same day or the following day in genuine emergencies.

The mechanism most used is a without notice (ex parte) application for a prohibited steps order or specific issue order under section 8 of the Children Act 1989, or an emergency protection order under section 44 if child protection issues are involved.

The Prohibited Steps Order

A prohibited steps order prohibits a named person from taking a specific step in relation to the child, such as removing the child from the jurisdiction, changing the child's school, or removing the child from the care of the resident parent. It is the mechanism used to prevent abduction, either internationally or to another part of the UK.

In extreme urgency, you can approach the court directly and ask for an emergency sitting, even outside normal court hours, through the out-of-hours judge service available via the Royal Courts of Justice.

If a child has already been taken abroad, contact the Foreign, Commonwealth and Development Office immediately and consider the international child abduction procedures. The 1980 Hague Convention provides a mechanism for return from many countries, but time is critical.

The Port Alert System

If there is an immediate risk of a child being taken out of the country, you can contact the police and ask them to activate the port alert system, which alerts ports and airports to prevent the child leaving. The police can do this without a court order in sufficiently urgent circumstances. Having a prohibited steps order strengthens this considerably.

The Emergency Protection Order

An emergency protection order (EPO) is a more severe order, typically used by local authorities in child protection cases, but which can in theory be applied for by a parent. It authorises the removal and accommodation of the child for up to eight days. It is not the normal route for parental disputes and courts are reluctant to grant them except in genuine child protection emergencies.

What Happens After the Without-Notice Order

Any order made without notice to the respondent must be followed by a return hearing, typically listed within two weeks, where the respondent has the opportunity to challenge the order. The without-notice order is therefore temporary. At the return hearing both parties present their positions and the court decides whether to continue, modify, or discharge the order.

Without-notice applications are judged by courts to a high standard. You are making allegations the other side cannot immediately challenge. Courts expect full and frank disclosure of all relevant facts, including anything that might be helpful to the respondent's case. Failure to make full disclosure in a without-notice application is a serious matter that can result in the order being discharged.