Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications for registration of custody orders in another court

71.3.—(1) An application under section 27 of the Act of 1986 to register a custody order made by the Court of Session in an appropriate court shall be made by letter to the Deputy Principal Clerk.

(2) An application under paragraph (1) shall be accompanied by–

(a) a copy of the letter of application;

(b) an affidavit by the applicant;

(c) a copy of that affidavit;

(d) a certified copy of the interlocutor of the custody order;

(e) a certified copy of the interlocutor of any variation which is in force in respect of the custody order; and

(f) any other document relevant to the application and a copy of it.

(3) An affidavit required under this rule shall set out–

(a) the name and address of the applicant and his right under the custody order;

(b) the name and date of birth of the child in respect of whom the custody order was made, the present whereabouts or suspected whereabouts of the child and the name of any person with whom he is alleged to be;

(c) the name and address of any other person who has an interest in the custody order;

(d) whether the custody order is to be registered in England and Wales, Northern Ireland or a specified dependent territory, and the court in which it is to be registered;

(e) whether the custody order is in force;

(f) whether the custody order is already registered and, if so, where it is registered; and

(g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the custody order is to be registered.

(4) Where the Deputy Principal Clerk refuses to send an application under this rule to the appropriate court on the ground that the custody order is no longer in force, he shall give written intimation to the applicant; and the applicant shall have the right to have the application brought before the Lord Ordinary for determination.

(5) The Deputy Principal Clerk shall retain the letter of application under this rule and any documents which accompany it and which are not transmitted to the appropriate court under section 27(3) of the Act of 1986.