Children (Scotland) Act 1995

Domicile and Matrimonial Proceedings Act 1973 (c. 45) S

20 (1) The Domicile and Matrimonial Proceedings Act 1973 shall be amended in accordance with this paragraph. S

(2) In section 10 (ancillary and collateral orders)—

(a) in subsection (1)—

(i) for the words from the beginning to “in connection with” substitute “ Where after the commencement of this Act an application is competently made to the Court of Session or to a sheriff court for the making, or the variation or recall, of an order which is ancillary or collateral to ”;

(ii) the words “as respects the person or property in question” shall cease to have effect; and

(b) after subsection (1) insert—

“(1A) For the purposes of subsection (1) above, references to an application for the making, or the variation or recall, of an order are references to the making, or the variation or recall, of an order relating to children, aliment, financial provision on divorce, judicial separation, nullity of marriage or expenses.”.

(3) In paragraph 11 of Schedule 3 (sisting of consistorial action)—

(a) in sub-paragraph (1), in the definition of “the relevant order”, for the words from “made” to the end substitute “ relating to aliment or children ”; and

(b) in sub-paragraph (3), for the words “custody of a child, and the education of a child” substitute “ arrangements to be made as to with whom a child is to live, contact with a child, and any other matter relating to parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or parental rights within the meaning of section 2(4) of that Act ”.