Sheriff Courts (Scotland) Act 1907

PART IX S ACTIONS RELATING TO PARENTAL RIGHTS

Application and interpretation of this Part S

[33.60. (1) This Part applies to an application for any parental rights in a family action other than in an action of divorce or separation.

(2) In this Part, “the Act of 1973” means the Guardianship Act 1973 F1 .]

Textual Amendments

F1 1973 c.29.

Form of applications S

33.61. Subject to any other provision in this Chapter, an application for an order for any parental rights in respect of a child shall be made—

(a) by an action for parental rights;

(b) by a crave in the initial writ or defences, as the case may be, in any other family action to which this Part applies; or

(c) where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.

Defences in actions for parental rights S

33.62. In an action for parental rights, the pursuer shall call as a defender—

(a) the parents or other parent of the child in respect of whom the order is sought;

(b) any guardian of the child;

(c) any person who has accepted the child into his family;

(d) any person having the de facto custody of the child;

(e) any local authority in whose care or under whose supervision the child is; and

(f) in any case where there is no person falling within paragraphs (a) to (e), the Lord Advocate.

Applications relating to interim orders in depending actions S

33.63. An application, in an action depending before the sheriff to which this Part applies, for, or for the variation or recall of, an order for interim custody or interim access shall be made—

(a) by a party to the action, by motion; or

(b) by a person who is not a party to the action, by minute.

Care and supervision by local authorities S

33.64. (1) Where the sheriff is considering making an order under section 11(1) of the Act of 1973 F2 (committal of care of child to a local authority or order that child be under supervision of a local authority), he shall ordain one of the parties to intimate to the chief executive of the appropriate local authority unless a party to the cause and represented at the hearing at which the issue arises—

(a) a copy of the pleadings (including any adjustments and amendments);

(b) the terms of any relevant motion;

(c) a notice of intimation in Form F28 requiring any representations which the local authority wishes to make to the court to be made by minute in the process of the action within the period specified.

(2) Where the sheriff makes, varies or recalls an order placing a child under the supervision of a local authority under section 11(1) of the Act of 1973, the sheriff clerk shall send a copy of the interlocutor making the order and a notice of intimation in Form F29 to the chief executive of that local authority.

(3) Where a child is subject to an order made under section 11(1) of the Act of 1973, any motion or minute lodged which relates to that child shall be intimated to the chief executive of the local authority concerned.

Textual Amendments

F2 Section 11(1) was amended by the Act of 1975 (c.72), section 48(3).

Applications after decree S

33.65. (1) An application after final decree—

(a) for variation or recall of an order relating to parental rights, or

(b) for, or for variation or recall of, an order under section 11(1) of the Act of 1973 (committal of care of child to a local authority or order that child be under the supervision of a local authority),

shall be made by minute in the process of the action to which the application relates.

(2) Where a minute has been lodged under paragraph (1), any party may apply by motion for an interim order pending the determination of the application.