PART IChild Custody
CHAPTER IIIJurisdiction of Courts in Scotland
16Tutory 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 tutory or curatory of a pupil or minor 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 factor loco tutoris 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 tutory or curatory of a pupil or minor, what constitutes an application for the purposes of this Chapter.