9 Habitual residence.S
Subject to section 11 of this Act, an application for a [F1custody order][F1Part I order] otherwise than in matrimonial proceedings may be entertained by—
(a)the Court of Session if, on the date of the application, the child concerned is habitually resident in Scotland;
(b)the sheriff if, on the date of the application, the child concerned is habitually resident in the sheriffdom.
Textual Amendments
F1Words “Part I order” substituted (prosp.) for “custody order” by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para. 1(1))