Tipstaff location order — a self-representation guide
REVIEWED BY: Sean McNamara on 2026-09-01
A Tipstaff order is a High Court order directed to the Tipstaff — the enforcement officer of the High Court, whose jurisdiction covers all of England and Wales. In children cases, most Tipstaff work involves locating children and taking them into protective custody, including international abduction. The three standard orders are the passport order, the location order (find where the child is) and the collection order (authorises the Tipstaff to take charge of the child and place them with the person named in the order): see Justice for Families Ltd v Secretary of State for Justice [2014] EWCA Civ 1477 and PD12D.
The essentials
- Where the power comes from: the Family Division's inherent jurisdiction (PD12D, "The role of the tipstaff").
- Who can apply: any party to children proceedings needing the court's help to find or recover a child — including litigants in person.
- Before a without-notice application the applicant (or their legal representative) must speak to the Tipstaff first — telephone 020 7947 6200 (President's Practice Guidance on international child abduction, ¶2.3).
- Timing: where a collection order is made, the Tipstaff returns the matter to court within 3 days of execution; otherwise a summary-resolution hearing is listed within 7 days of the without-notice order.
What the orders do
- Location order — directed at finding where a missing child is.
- Collection order — goes further: authorises the Tipstaff to take charge of the child and deliver them into the care of the person/body named. It also directs the Tipstaff to arrest anyone served with the order who disobeys it, bringing them before the court within one working day.
- Passport order — requires passports (the child's and often the respondent's) to be delivered up and held by the Tipstaff.
- Since July 2013 a collection order lapses 6 months after making if the Tipstaff has not located the child by then.
Procedure realities
- The passport, location and collection orders are in a standard court format — the court draws the order once granted; applicants should NOT draft these three orders themselves, but SHOULD draft any disclosure orders and case-management directions they seek alongside them.
- Service: where the order provides for service by the Tipstaff, service by the applicant alone is not sufficient (FPR 2010 r 12.47(3)).
- Discharge orders (e.g. releasing passports) are only accepted by the Tipstaff if sealed.
- Disclosure in aid of location is not limited by Norwich Pharmacal — a "mere witness" with possibly relevant information can be ordered to disclose, and legal professional privilege is no answer (L (A Child) [2016] EWCA Civ 173).
- Orders interfere with fundamental rights: only necessary and proportionate orders are granted on the evidence (President's Guidance ¶2.4).
If you are the respondent
Read every page of the order — a penal notice must be prominently displayed on the front (FPR 37.9(1)); note that in L (A Child) a penal notice on the wrong page defeated committal. Legal advice is strongly recommended: breach of a collection order is contempt of court.
Independent general information — not legal advice. Take no action on the basis of this page without checking the current rules and, ideally, getting advice. Contact the Tipstaff on 020 7947 6200 before any without-notice application.