[F1PART IXS APPLICATIONS FOR ORDERS UNDER SECTION 11 OF THE CHILDREN (SCOTLAND) ACT 1995.]
Textual Amendments
F1Chapter 33 Pt. IX (rules 33.60-33/65): heading substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 26
Application of this PartS
[F233.60.This Part applies to an application for a section 11 order in a family action other than in an action of divorce or separation.]
Textual Amendments
F2Rule 33.60 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 27
Form of applicationsS
33.61.Subject to any other provision in this Chapter, an application for [F3a section 11 order] shall be made—
(a)by an action for [F4a section 11 order];
(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.
Textual Amendments
F3Words in rule 33.61 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 28(a)
F4Words in rule 33.61(a) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 28(b)
Defences in action for a section 11 orderS
[F5F533.62.In an action for a section 11 order, 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 treated the child as a child of his family;
(d)any person who in fact exercises care or control in respect of the child; and
F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F5Rule 33.62 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 29
F6Sch. 1 rule 33.62(e) omitted (2.10.2000) by virtue of S.S.I. 2000/239, para. 3(16)
Applications relating to interim orders in depending actionsS
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 [F7an interim residence order or an interim contact order] 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.
Textual Amendments
F7Rule 33.63: the words “an interim residence order or an interim contact order” substituted for the words “interim custody or interim access” (1.11.1996) by virtue of S.I. 1996/2167, para. 2, Sch. para. 30
F833.64.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Rule 33.64 omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 31
Applications after decreeS
33.65.[F9(1)An application after final decree for variation or recall of a section 11 order 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.
Textual Amendments
F9Rule 33.65(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 32