Sheriff Courts (Scotland) Act 1907

PART IV S APPLICATIONS AND ORDERS RELATING TO CHILDREN IN CERTAIN ACTIONS

Application and interpretation of this Part S

33.38. (1) This Part applies to an action of divorce or separation.

(2) In this Part, “the Act of 1958” means the Matrimonial Proceedings (Children) Act 1958 F1 .

Textual Amendments

F1 1958 c.40.

Applications in actions to which this Part applies S

33.39. (1) An application for an order mentioned in paragraph (2) shall be made—

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

(b) where the application is made by a person other than the pursuer or defender, by minute in that action.

(2) The orders referred to in paragraph (1) are:—

(a) an order for any parental rights; and

(b) an order for aliment for a child.

Intimation before committal to care or supervison S

33.40. Where the sheriff is considering making an order under section 10(1) of the Act 1958 F2 (committal of care of child to an individual other than one of the parties to the marriage or to a local authority) or under section 12(1) of that Act F3 (placing child under supervision of a local authority), he shall ordain one of the parties to intimate to that person or to the chief executive of the appropriate local authority, as the case may be, where not already a party to the action 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; and

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

Textual Amendments

F2 Section 10(1) of the Act of 1958 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c.9), Schedule 2 and the Family Law (Scotland) Act 1986 (c.55), Schedule 1, paragraph 6.

F3 Section 12(1) of the Act of 1958 was amended by the Social Work (Scotland) Act 1968 (c.49), Schedule 9.

Care or supervision orders S

33.41. Where the sheriff makes, varies or recalls an order under section 10(1) (committal of care of child to an individual other than one of the parties to the marriage or to a local authority), or section 12(1) (placing child under supervision of a local authority), of the Act of 1958, 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 the local authority or other person concerned.

Intimation of certain applications to local authorities or other persons S

33.42. Where a child is subject to an order under section 10(1) (committal of care of child to an individual other than one of the parties to the marriage or to a local authority), or section 12(1) (placing child under supervision of a local authority), of the Act of 1958, any motion or minute lodged which relates to that child shall be intimated to the chief executive of the local authority or other person concerned.

Applications in depending actions by motion S

[33.43. An application by a party in an action depending before the court to which this Part applies—

(a) for, or for variation of, an order—

(i) for interim aliment for a child under the age of 18 years, or

(ii) for interim custody of, or interim access to, a child, or

(b) for variation or recall of an order under section 10(1) (committal of care of child to an individual other than one of the parties to the marriage or to a local authority), or section 12(1) (placing child under supervision of a local authority), of the Act of 1958,

shall be made by motion.]

Applications after decree relating to parental rights, care or supervision S

33.44. (1) An application after final decree—

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

(b) for an order under section 10(1) of the Act of 1958 (committal of care of child to an individual other than one of the parties to the marriage or to a local authority), or

(c) an order under section 12(1) of the Act of 1958 (placing child under 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 any interim order which may be made pending the determination of the application.

Applications after decree relating to aliment S

33.45. (1) An application after final decree for, or for the variation or recall of, an order for aliment for a child 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 lodge a motion for any interim order which may be made pending the determination of the application.

Applications after decree by persons over 18 years for aliment S

33.46. (1) A person—

(a) to whom an obligation of aliment is owed under section 1 of the M1 Act of 1985,

(b) in whose favour an order for aliment while under the age of 18 years was made in an action to which this Part applies, and

(c) who seeks, after attaining that age, an order for aliment against the person in that action against whom the order for aliment in his favour was made,

shall apply by minute in the process of that action.

(2) An application for interim aliment pending the determination of an application under paragraph (1) shall be made by motion.

(3) Where a decree has been pronounced in an application under paragraph (1) or (2), any application for variation or recall of any such decree shall be made by minute in the process of the action to which the application relates.

Marginal Citations

M1 1985 c.37.