Family Law Act 1986 (c. 55)

PART I Child Custody

CHAPTER III Jurisdiction of Courts in Scotland

9 Habitual residence.

Subject to section 11 of this Act, an application for a custody order otherwise than in matrimonial proceedings may be entertained by—

(a) the Court of Session if, on the date of the application, the child concerned is habitually resident in Scotland;

(b) the sheriff if, on the date of the application, the child concerned is habitually resident in the sheriffdom.