The Tipstaff is a historic role from the 14th century but one that continues to play a key role in modern family law proceedings. The office of the Tipstaff (who is officially one person, currently Richard Cheesley MBE, with two assistants) is charged with enforcing warrants and orders of the court within England and Wales. In practice, this often means asking the police to attend on their behalf to carry out orders made by a family judge.
The majority of the orders which are dealt with by the Tipstaff relate to parental child abduction cases where there are significant concerns that a child (or children) may be removed unlawfully from the jurisdiction of England and Wales. The type of orders that can be dealt with by the Tipstaff, collectively known as ‘Tipstaff orders’ includes:
- Passport orders – these are orders made by the court to seize passports or other ID documents which can be used for travel. These can either be sought for the child’s passport(s) and/or for the parents to prevent them from leaving England and Wales. If passports or ID documents are retained by the Tipstaff, these are kept at the High Court in London and will only be released with a sealed order of the court.
- Location orders – these are orders which require the Tipstaff to physically locate the child and report back to the court or the applicant’s solicitors on their whereabouts; or
- Collection orders – the most intrusive option which requires the Tipstaff to find the child and return them to a nominated party. These can only last for 6 months, at which point they will lapse without further order.
All of these orders will trigger port alerts so that if any party (including the applicant) tries to remove the child from the jurisdiction this will be flagged at all ports and the police will be notified. Disclosure orders can also be made against third parties such as airlines, NHS or phone companies to determine the whereabouts of a child. These are therefore significant powers that the court can exercise if satisfied there is a risk of abduction of a child.
Tipstaff Orders will likely carry a power of arrest so if an individual refuses to comply with the order, they can automatically be arrested and brought before the court. The Tipstaff does have the power to force entry to a property to carry out the order, but there will generally be a uniformed police officer accompanying to ensure there is no criminal action such as a breach of the peace.
Due to the nature of abduction cases, applicants concerned for the imminent safety and wellbeing of the child can apply for Tipstaff orders on a ‘without notice basis’, meaning the other parent is not informed about the application or given a chance to respond before the court makes its decision. This is usually only permitted if the applicant parent is concerned that if notice is given abduction may become more likely. The first time a party may ever have heard of the Tipstaff will therefore be a knock at the door when the police, attending on the Tipstaff’s behalf, arrive to execute an order made by a family judge that they know nothing about.
If the orders are made without notice, the court will urgently list a further ‘on notice’ hearing, likely to be a few days after the Tipstaff order has been implemented. This is a chance for the other parent to put their case to the court and the court will decide whether the orders end at the hearing, or if they should be renewed or amended.
The Tipstaff’s role is limited to dealing with enforcement of orders but this is a vital part of proceedings as it ensures that practically speaking a child can be located, collected or travel prevented with the seizing of passports, where there is found to be a legitimate and justified concern.
For further information, please contact:
Adele Pledger, Partner, Withersworldwide
adele.pledger@withersworldwide.com
