Act of Sederunt (Sheriff Court Ordinary Cause Rules Amendment No.1) (Family Law) 1988

Amendment of the Ordinary Cause Rules

2.  After rule 132B of the Ordinary Cause Rules of the Sheriff Court (Applications to declare removal of child unlawful)((1)), insert the following rules:—

“FAMILY LAW ACT 1986

Averments of other proceedings relating to children

132C.   A party to any cause which includes an application for a custody order (as defined by section 1(1)(b) of the Family Law Act 1986((2))), shall make averments in his pleadings giving particulars of any other proceedings known to him (whether in Scotland or elsewhere and whether concluded or not) which relate to the child in respect of whom the custody order is sought.

Disclosure of information

132D.   Where the court pronounces an interlocutor ordering a person to disclose information to the court as to a child’s whereabouts under section 33(1) of the Family Law Act 1986, it may do so by ordaining that person to appear before it or to lodge an affidavit.

Applications for interdict or interim interdict

132E.   An application by a person mentioned in section 35(4)(b) or (c) of the Family Law Act 1986 for interdict or interim interdict under section 35(3) of that Act shall be made by minute in the cause in which the application is to be made.”.

(1)

S.I. 1983/747, as amended by S.I. 1986/1966

(2)

1986 c. 55