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Act of Sederunt (Jurisdiction, Recognition and Enforcement of Judgments in Matrimonial Matters and Matters of Parental Responsibility Rules) 2006

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Transfer of case involving matters of parental responsibility to sheriff court

3.—(1) A request to a sheriff court under Article 15(1)(a) (request by parties to transfer case involving parental responsibilities) shall be made by initial writ under these Rules.

(2) Where a sheriff court receives a request from a foreign court under Article 15(1)(b) (request by court to assume jurisdiction)–

(a)the sheriff clerk shall forthwith–

(i)acknowledge receipt of the request to the foreign court;

(ii)intimate the request to the parties to the action, their Scottish agents, if known, and any other party to whom the sheriff considers that intimation should be made; and

(iii)intimate to the parties and, if known, their Scottish agents, the requirement to lodge an initial writ under subparagraph (b) within the time limit set by the foreign court under Article 15(4) (time limit for seising the court); and

(b)one of the parties shall lodge an initial writ under these Rules.

(3) Where no initial writ has been lodged within the time limit set by the foreign court under Article 15(4), the sheriff clerk shall advise the foreign court that the sheriff court has not been seised under Article 16 (seising of a court).

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