first schedule ORDINARY CAUSE RULES 1993
Special provisions in relation to particular causes
CHAPTER 33 FAMILY ACTIONS
F1PART IX APPLICATIONS FOR ORDERS UNDER SECTION 11 OF THE CHILDREN (SCOTLAND) ACT 1995.
Application of this Part
F233.60.
This Part applies to an application for a section 11 order in a family action other than in an action of divorce F3, separation or declarator of nullity of marriage.
Form of applications
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.
F6Defences in action for a section 11 order
F633.62.
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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applications relating to interim orders in depending actions
33.63.
An application, in an action depending before the sheriff to which this Part applies, for, or for the variation or recall of, F8. . . F9an 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.
F1033.64.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applications after decree
33.65.
F11(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.