Act of Sederunt (Child Care and Maintenance Rules) 1997

Rule 3.33(1)

FORM 52 S APPLICATION TO VARY OR RECALL A CHILD PROTECTION ORDER

Section 60 of the Children (Scotland) Act 1995

Case No

Date lodged

Application to Sheriff at

to vary or recall a Child Protection Order under section 60(7) of the Children (Scotland) Act 1995

Part 1. DETAILS OF APPLICANT AND OTHER PERSONS WHO THE APPLICANT BELIEVES SHOULD RECEIVE NOTICE OF THE APPLICATION

APPLICANT	[insert name, address, telephone DX and fax numbers, and details of the capacity of the person making the application]
CHILD	[insert name, address, gender and date of birth]*
SAFEGUARDER	If not applicant [insert name, address, telephone DX and fax numbers (if known) of any safeguarder appointed by a children’s hearing or court in respect of the child]
RELEVANT PERSON(S)	If not applicant [insert name, address and telephone number (if known) and the basis for the person being a relevant person within the meaning of section 93(2)(b) of the Act]
THE PRINCIPAL REPORTER	[insert name, address, telephone DX and fax numbers]
ANY OTHER PERSON WHO SHOULD RECEIVE NOTICE OF THE APPLICATION	[For example, any person who is caring for the child at the time of the application being made: insert name, address and telephone number of person and provide details of their interest in the application and/or child]

*Note: Information to be provided in Part 3 where applicant does not wish to disclose the address or whereabouts of the child or any other person to persons receiving notice of the application.

Part 2. INFORMATION ABOUT THE APPLICATION AND ORDERS SOUGHT

On[date of order] the Sheriff made a Child Protection Order in the following terms[insert full details of order and conditions attaching to it] [Copy original order must be attached in terms of Rule 3.33].

OTHER APPLICATIONS AND ORDERS WHICH AFFECT THE CHILD

[insert details of any other applications or orders made which affect or are relevant to the child who is the subject of this application]

ORDER(S) OR CONDITIONS THE VARIATION OR RECALL OF WHICH ARE SOUGHT

[applicant to insert details of order now sought]

GROUNDS FOR MAKING APPLICATION

[applicant to provide details of grounds for seeking the variation or setting aside]]

SUPPORTING EVIDENCE

The following supporting evidence is produced –

[list reports, statements, affidavits or other evidence produced]

Part 3. Details of Order sought and any terms, conditions or directions

FIRST ORDER

The applicant requests the sheriff to:

a. Assign a hearing on the application.

*b. Order the applicant to forthwith serve a copy of the application together with the date of hearing on,

i. The Principal Reporter

ii. The Local Authority

iii. The child, together with a notice in form 27; and

iv. The persons listed in part 1 of this application, together with a notice in form 35.

*c. Dispense with service on the child or any other person for the following reasons[insert details].

*delete as appropriate

And thereafter to[enter details of what you want the Sheriff to vary or recall.]

SIGNED.................... DATE....................

[name, designation and address telephone, DX and fax numbers]