C1Part I Child Custody
Annotations:
Modifications etc. (not altering text)
Chapter III Jurisdiction of Courts in Scotland
16 Tutory and curatory.
1
Subject to subsections (2) and (3) below, an application made after the commencement of this Part for an order relating to the F1guardianshipof a F1child may be entertained by—
a
the Court of Session if, on the date of the application, the pupil or minor is habitually resident in Scotland,
b
the sheriff if, on the date of the application, the pupil or minor is habitually resident in the sheriffdom.
2
Subsection (1) above shall not apply to an application for the appointment or removal of a F2judicial factor or of a curator bonis or any application made by such factor or curator.
3
Subsection (1) above is without prejudice to any other ground of jurisdiction on which the Court of Session or the sheriff may entertain an application mentioned therein.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.