David Jones offers practical guidance on making timely interventions in suspected child abduction cases
On receipt of an allegation of child abduction, a solicitor usually seeks a Prohibited Steps Order (PSO), under s 8 of the Children Act 1989 in the county court to prevent the removal of the child. However, in R v Chief Constable of Cheshire ex parte K [1990] 1 FLR 70, [1990] 1 FCR 201 Lord Justice Neill held that the police are not under an absolute duty to intervene to recover a child (under a s 8 order) unless there is a risk to the health and safety of the child; a breach of the peace, or a situation of violence occurs. The court has its own powers to enforce its orders. Police are required to send a port alert if justified and inform the Border & Immigration Agency (BIA). In practice we find these orders to be of little value to us, unless an allegation of abduction under s 1 of the Child Abduction Act 1984 (CAA 1984) is also made.
CRIMINAL ALLEGATION
