Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
Textual Amendments
F2Chapter 33 Pt. IX (rules 33.60-33/65): heading substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 26
[F333.60.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
F3Rule 33.60 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 27
33.61.Subject to any other provision in this Chapter, an application for [F4a section 11 order] shall be made—
(a)by an action for [F5a 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
F4Words in rule 33.61 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 28(a)
F5Words in rule 33.61(a) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 28(b)
[F6F633.62.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
F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F6Rule 33.62 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 29
F7Sch. 1 rule 33.62(e) omitted (2.10.2000) by virtue of S.S.I. 2000/239, para. 3(16)
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 [F8an 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
F8Rule 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
F933.64.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Rule 33.64 omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 31
33.65.[F10(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
F10Rule 33.65(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 32