Act of Sederunt (Rules of the Court of Session Amendment No.1) (Family Law) 1988

JurisdictionUK Non-devolved
CitationSI 1988/615

1988 No. 615 (S.68)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Rules of the Court of Session Amendment No.1) (Family Law) 1988

Made 23th March 1988

Coming into force 4th April 1988

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 16 of the Administration of Justice (Scotland) Act 19331, sections 1(6), 27(2) and (4) and 28(1) of the Family Law Act 19862and of all other powers enabling them in that behalf, do hereby enact and declare:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.1) (Family Law) 1988 and shall come into force on 4th April 1988.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

S-2 Amendment of the Rules of the Court of Session

Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session3shall be amended in accordance with the following sub-paragraphs.

(2) In rule 170B (parental rights, care and supervision etc. of children)4, at the end insert the following paragraphs:—

S-11

“11 Averments of other proceedings relating to children.A party under this section to a cause which includes an application for a custody order (as defined by section 1(1) (b) of the Family Law Act 1986) 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.

S-12

12 Disclosure of information about child’s whereabouts.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.

S-13

13 Applications for interdict under the Family Law Act 1986.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.”.

(3) After rule 260E (applications in petition process for custody)5insert the following rules:—

S-260EA

Averments of other proceedings relating to children

260EA. A party to a cause under this section for a custody order as defined by section 1(1) (b) of the Family Law Act 1986 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.

S-260EB

Disclosure of information about child’s whereabouts

260EB. 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.

S-260EC

Applications for interdict under the Family Law Act 1986

260EC. 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.”.

(4) After rule 260N (causes under the Financial Services Act 1986)6, insert the following section and rules:—

S-SECTION 18

REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE FAMILY LAW ACT 1986

SECTION 18.—(260P) Interpretation

(1)

(1) In this section—

“the Act of 1986” means the Family Law Act 1986;

“appropriate court” means the High Court in England and Wales or the High Court in Northern Ireland, as the case may be;

“custody order” has the meaning assigned to it by sections 1, 32, 40, 42(5) and 42(6) of the Act of 1986;

“Deputy Principal Clerk” means the Deputy Principal Clerk of Session or another officer authorised by him;

“proper officer” means the Secretary of the Principal Registry of the Family Division of the High Court in England and Wales or the Master (Care and Protection) of the High Court in Northern Ireland, as the case may be;

“Register” means the Custody Orders Register kept under rule 260Q.

(2)

(2) An application for the purposes of Part I of the Act of 1986 in relation to orders under section 1(1) (b) of that Act means an application by summons, petition, defences, answers or minute.

(260Q) Custody Orders Register

(1)

(1) The Deputy Principal Clerk shall maintain a register to be called the Custody Orders Register.

(2)

(2) In Part I of the Register there shall be recorded applications for registration of a custody order in another part of the United Kingdom; and in Part II of the Register there shall be recorded custody orders registered for enforcement in Scotland.

(260R) Applications for registration of custody orders in another court

(1)

(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 in England and Wales or Northern Ireland shall be made by letter to the Deputy Principal Clerk.

(2)

(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 interlocutor of the custody order;

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

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

(3)

(3) An affidavit required under this rule should 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 or Northern Ireland or both jurisdictions and the court in which it is to be registered;

(e) whether the custody order is in force;

...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT