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SCHEDULES

Rule 5.36(1)(a)

FORM 72S INTIMATION OF REGISTRATION FOR ENFORCEMENT IN SCOTLAND OF A MAINTENANCE ORDER MADE IN A HAGUE CONVENTION COUNTRY

(Place) (Date)

AB (Design)

Intimation is hereby given of the registration in the Maintenance Orders (Reciprocal Enforcement) Act 1972 Register kept at [name and address of Sheriff Court] of a maintenance order made by [name and address of Court in Hague Convention Country] on [date of making order].

In terms of the said maintenance order you are required [narrate terms of order and payee].

You may within one calendar month from the date of this intimation make application to [name and address of Sheriff Court] to set aside the registration of the order by lodging with Sheriff Clerk at [name and address of Sheriff Court] a summary application setting out the grounds of the application.

The grounds upon which application to set aside the registration may be made are

(a)[name of Court in Hague Convention Country] did not have jurisdiction to make the order;

(b)registration is manifestly contrary to public policy;

(c)the order was obtained by fraud in connection with a matter of procedure;

(d)proceedings between you and the payee under the maintenance order and having the same purpose are pending before a court in Scotland and those proceedings were the first to be instituted;

(e)the order is incompatible with an order made in proceedings between you and the payee and having the same purpose either in the United Kingdom or in another country, provided that the latter order fulfils the conditions necessary for registration and enforcement;

(f)you did not appear in the proceedings in the Hague Convention Country and you were not served in accordance with the institution of proceedings including notice of the substance of the claim in sufficient time, having regard to the circumstances, to enable you to defend the proceedings.

[Signed]

Sheriff Clerk