Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

CAFCASS definition

What does CAFCASS mean? CAFCASS (Children and Family Court Advisory and Support Service) represents children’s interests in family court cases in England. It provides independent welfare advice to the court, undertakes safeguarding checks, prepares reports, and, where required, acts as the child’s guardian. It is a statutory service established by the Criminal Justice and Court Services Act 2000; its Family Court Advisers (children’s guardians) are officers of the court under the Family Procedure Rules. Typical functions include: in private law children proceedings, initial safeguarding enquiries and a safeguarding letter, Section 7 welfare reports, and risk assessment under PD12J and the Child Arrangements Programme; it may...

Enforcing Private Law Children Orders in England and Wales: search and recovery, child arrangements order enforcement, activity directions, contempt, peremptory return, family assistance orders and transfer of residence

Published by a LexisNexis Family expert

Practice notes

$imgtext$

This Practice Note outlines how to enforce an order made in private law children proceedings, together with the enforcement options available. It covers search and recovery. It sets out the provisions that relate specifically to enforcing child arrangements orders (CAOs). It also addresses activity directions and conditions, and the court’s general enforcement powers, including applications for contempt of court. It considers using orders requiring the peremptory return of a child, transfers of residence, and family assistance orders.

Search and recovery

Where a person is obliged, by an order under section 8 of the Children Act 1989 (ChA 1989), to hand a child to another person, and the court that made the order is satisfied that this has not happened, it may issue a search and recovery order, authorising an officer of the court or a constable to take charge of the child and deliver them to that other person. The police generally have the power and a duty to assist in the handing over of a child where there is a threat of danger or of a breach of the peace, so as to support the handover required by the order in appropriate cases...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...