Part IIE+W+S Jurisdiction in Scotland

Modifications etc. (not altering text)

[F110 Power of court in actions of divorce, etc., to commit care of child to local authority or an individual.E+W

(1)Where it appears to the court as respects any child for whose [F2custody the court has power]] to make provision in connection with an action for divorce, nullity of marriage or separation brought before it that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted to either of the parties to the marriage, the court may, if it thinks fit, make an order committing the care of the child to any other individual or to a local authority.

(2)Where the court commits the care of the child to a local authority the authority specified in the order shall be the council [F3(constituted under section 2 of the Local Government etc. (Scotland) Act 1994) in whose area] the child was, in the opinion of the court, resident before the order was made; and the court shall before making the order hear any representations from the authority, including any representations as to the making of an order for payments for the maintenance and education of the child.

(3)While an order under this section committing the care of a child to a local authority is in force with respect to any child, the child shall continue in the care of the local authority notwithstanding any claim by a parent or other person.

[F4(4)On the making of an order under this section committing the care of a child to a local authority, Part II of the M1Social Work (Scotland) Act 1968 (which relates to the treatment of children in care of local authorities) shall, subject to the provisions of this section, apply as if the child had been received by the local authority into their care under section 15 of that Act, so however that—

(a)the exercise by the local authority of their powers under or by virtue of sections 5, 20 to 22, 59 and 60 of that Act shall be subject to any directions given by the court; and

(b)section 23 of that Act (which relates to arrangements for the emigration of a child under the care of a local authority) shall not apply.]

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(6)It shall be the duty of any parent or guardian of a child committed to the care of a local authority under this section to secure that the local authority are informed of his address for the time being; and a person who knowingly fails to comply with this subsection shall be liable on summary conviction to a fine not exceeding [F6£10].

Textual Amendments

F1S. 10 repealed (S.) (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5; S.I. 1996/2203, art. 3(3), Sch. Table

F3Words in s. 10(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 50; S.I. 1996/323, art. 4(1)(c)

Marginal Citations