C1Part I Child Custody

Annotations:
Modifications etc. (not altering text)
C1

Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.

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.

4

Provision may be made by act of sederunt prescribing, in relation to orders relating to the F1guardianship of a F1child, what constitutes an application for the purposes of this Chapter.