Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

16 Power of sheriff to interdict removal of child

In section 13 of the [1958 c. 40.] Matrimonial Proceedings (Children) Act 1958 (which makes provision as to prohibiting the removal of a child from Scotland or from the person having control of him)—

(a) in subsection (1) for the words " Court of Session " and " Court" there shall be substituted the words " appropriate court " and " court" respectively ; and

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) In subsection (1) above, "appropriate court" means—

(a) the Court of Session (where the action in con nection with which the court would have jurisdiction to make orders with respect to the custody, maintenance and education of a child is an action before the Court of Session);

(b) the Court of Session or the sheriff (where the action in connection with which the court would have that jurisdiction is an action before the sheriff).”.