Q&As

When may the court make a recovery order in relation to a child who is the subject of a care order?

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Published on: 12 June 2025
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Where a child is in care, the subject of an emergency protection order, or in police protection, section 50 of the Children Act 1989 (ChA 1989) provides that a recovery order may be applied for by an applicant who has parental responsibility for the child by virtue of a care order or emergency protection order or, where the child is in police protection, the designated officer (ChA 1989, s 50(4)).

ChA 1989, s 50(1) provides that the court may make a recovery order where it appears to the court that there is reason to believe that such a child:

  1. •

    has been unlawfully taken away or is being kept unlawfully

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Jurisdiction(s):
United Kingdom

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