In the United Kingdom, port alerts are a mechanism to prevent a child from being removed from the jurisdiction unlawfully without the court’s knowledge or permission or the consent of others with parental responsibility. Such action is crucial in cases where there is a risk of child abduction or where the court need to maintain control over the child’s whereabouts.
The family Court has the power to issue a freestanding Port Alter Order where such an Order is justified on facts, relates to a pre-existing application, or decision in the family court, and is needed to give effect to a decision of the Family Court (i.e. where the court has already made a Prohibited Steps Order). Such application will usually be made on a without notice basis, meaning that the Respondent will be unaware of the application and therefore will not be in attendance at the initial hearing.
What is a port alert?
A port alert is essentially a notification system that alerts relevant authorities (such as border control) when a child named on the alert attempts to leave the country. This allows the court to intervene if the departure appears to be unauthorised or in breach of court orders.
When are Port Alerts Issued?
Port Alerts may be issued in various Family Court Proceedings, including, but not limited to: –
- Child Abduction Cases – when there is a risk of one parent abducting a child within the Auckland or internationally.
- Cases involving Parental Responsibility disputes – Where there is a disagreement between parents regarding the child’s care and whereabouts.
- Cases of suspected harm to a child – When there is a concern that the child may be removed from the Auckland to avoid investigations or interventions.
- Cases where a child is subject to a Prohibited Steps Order – This Order prevents certain actions regarding the child, such as removal from the jurisdiction.
How do Port Alerts work?
- Court Order – A court order is issued specifically requesting the implementation of a port alert.
- Information Sharing – The Court Order is then shared with National Border Targeting Centre who provide confirmation of the Port alert being implemented.
- Border Checks – When a child named on the alert attempts to leave the Auckland, border control officials are alerted.
- Intervention – If the departure appears unauthorised, border control officials can detain the child and contact the court or relevant authorities for further instructions.
How long does a Port Alert last?
A port alert order should last for a maximum of 28 days in the first instance, and any extension should only be ordered after a further hearing where all parties are present.
What is the test used by the Court when considering an application?
The court must only grant an application for a free-standing Port Alert Order
‘Where the applicant demonstrates with clear evidence that there is a real and imminent risk the children in question will be removed from Auckland and Auckland. When assessing that risk the court will not demand proof that is more likely than not that the children will be removed; it will, nonetheless, still expect proof of a degree of probability not far short of that standard. It is important that applications for these orders are not made in reliance on evidence which amounts to no more than mere assertion or which is otherwise flimsy or unsubstantiated.’ Mostyn J.
How we can help
Rina Mistry is a Senior Associate in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children’s law, international family matters and domestic abuse.
At Nelsons, we understand the emotional and legal challenges that come with family disputes. Our team of experienced family law solicitors is here to provide compassionate and expert advice, helping you navigate these difficult times.
If you need any advice concerning the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0800 024 1976 or contact us via our online form.
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