35 Powers to restrict removal of child from jurisdiction.U.K.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In Article 38(1) of the Domestic Proceedings (Northern Ireland) Order 1980 (which enables courts to restrict the removal of a child from Northern Ireland) for the words “Northern Ireland” there shall be substituted the words ” “the United Kingdom”, or out of any part of the United Kingdom specified in the order,
(3)A court in Scotland—
(a)at any time after the commencement of proceedings in connection with which the court would have jurisdiction to make a [F2Part I order], or
(b)in any proceedings in which it would be competent for the court to grant an interdict prohibiting the removal of a child from its jurisdiction,
may, on an application by any of the persons mentioned in subsection (4) below, grant interdict or interim interdict prohibiting the removal of the child from the United Kingdom or any part of the United Kingdom, or out of the control of the person in [F3whose care] the child is.
(4)The said persons are—
(a)any party to the proceedings,
(b)the [F4guardian] of the child concerned, and
(c)any other person who has or wishes to obtain the F5. . . care of the child.
(5)In subsection (3) above “the court” means the Court of Session or the sheriff; and for the purposes of subsection (3)(a) above, proceedings shall be held to commence—
(a)in the Court of Session, when a summons is signeted or a petition is presented;
(b)in the sheriff court, when the warrant of citation is signed.
Textual Amendments
F1S. 35(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 para. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F2Words in s. 35(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F3Words in s. 35(3) substituted (1.11.1996) by 1995 c. 36, s. 105(1)(4), Sch. 4 para. 41(8); S.I. 1996/2203, art. 3(3), Sch.
F4Words in s. 35(4)(b) substituted (S.) (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 47.
F5Words in s. 35(4)(c) repealed (1.11.1996) by 1995 c. 36, s. 105(1)(5), Sch. 5; S.I. 1996/2203, art. 3(3), Sch.