first schedule ORDINARY CAUSE RULES 1993
Special provisions in relation to particular causes
CHAPTER 33ACIVIL PARTNERSHIP ACTIONS
PART IGENERAL PROVISIONS
Applications in relation to removal of children
33A.25.
(1)
An application in a civil partnership action for leave under section 51(1) of the Children Act 1975 F1 (authority to remove a child from the care and possession of the applicant for 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 in a civil partnership action under section 23(2) of the Child Abduction and Custody Act 1985 F2 (declarator that removal of child from United Kingdom was unlawful) shall be made–
(a)
in an action depending before the sheriff–
(i)
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.