C1Part I Child Custody
Chapter III Jurisdiction of Courts in Scotland
15 Duration, variation and recall of orders.
1
Where, after the making by a court in Scotland of a F1Part I order (“the existing order”) with respect to a child,—
a
b
comes into force, the existing order shall cease to have effect so far as it makes provision for any matter for which the same or different provision is made by the order of the other court in the United Kingdom or, as the case may be, the order so recognised.
2
Subject to sections 11(1) and 13(3) and (4) of this Act, a court in Scotland which has made a F1Part I order (“the original order”) may, notwithstanding that it would no longer have jurisdiction to make the original order, make an order varying or recalling the original order; but if the original order has by virtue of subsection (1) above ceased to have effect so far as it makes provision for any matter, the court shall not have power to vary that order under this subsection so as to make provision for that matter.
3
In subsection (2) above, an order varying an original order means any F1Part I order made with respect to the same child as the original order was made.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.