SCHEDULES

F1 first schedule S ORDINARY CAUSE RULES 1993

Textual Amendments

F1 Sch. 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, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

[F1 Special provisions in relation to particular causes] S

CHAPTER 33 S FAMILY ACTIONS

PART I S GENERAL PROVISIONS

Applications in relation to removal of children S

33.24. (1) An application for leave under M1 section 51(1) of the Act of 1975 (authority to remove a child from the care and possession of the applicant for [F2 a residence order]) or for an order under section 35(3) of the Family Law Act 1986 (application for interdict or interim interdict prohibiting removal of child from jurisdiction) 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.

(2) An application under section 35(3) of the Family Law Act 1986 need not be served or intimated.

(3) An application under section 23(2) of the M2 Child Abduction and Custody Act 1985(declarator that removal of child from United Kingdom was unlawful) shall be made—

(a) in an action depending before the sheriff—

(1) by a party, in the initial writ, defences or minute, as the case may be, or by motion; or

(ii) by any other person, by minute; or

(b) after final decree, by minute in the process of the action to which the application relates.

Textual Amendments

F2 Words in Sch. 1 rule 33.24(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 13

Marginal Citations

M1 Section 51(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 2, paragraph 25.

M2 1985 c.60.