When Is an Emergency Application Appropriate
An emergency application without notice to the other party is appropriate where there is an immediate risk of significant harm to the child, where giving notice would cause the other party to take steps to defeat the purpose of the application, or where the matter is so urgent that there is no time to give notice.
The Without-Notice Application
The complete step-by-step guide: Child Arrangements Complete LiP Guide. Everything you need to act today, not next week.
You apply using Form C100 and include a short witness statement explaining the urgency and why notice has not been given. You must also explain why you consider the risk is immediate rather than something that can wait for a standard hearing. Take the papers to the court and ask to see the duty judge urgently.
The Emergency Prohibited Steps Order
A prohibited steps order can prevent the other party from taking the child out of the country, from removing the child from their current home, or from taking any other specific action. An emergency prohibited steps order can be made within hours if the risk is sufficiently serious.
After the Without-Notice Hearing
If an order is made without notice, the court will fix a return date at which both parties can attend. At the return hearing, the other party can contest the order and explain their position. The judge will then decide whether to continue, vary, or discharge the order.
Contacting the Police
If a child has been taken illegally -- for example, taken abroad without consent -- contact the police immediately. The police can assist with recovering the child, liaising with Interpol, and passport control. Do not wait for a court order before contacting the police in a genuine emergency.