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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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General provisions for transfer to sheriff court

4.—(1) An initial writ under these Rules shall–

(a)include the following heading printed above the instance:–

  • ACT OF SEDERUNT (JURISDICTION, RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN MATRIMONIAL MATTERS AND MATTERS OF PARENTAL RESPONSIBILITY RULES) 2006; and

(b)include averments stating–

(i)the full name, designation, postal address, telephone and facsimile numbers and, where appropriate, e-mail address of each of the parties to the action involving parental responsibilities, including any Scottish agent instructed to represent any of the parties;

(ii)the postal address and telephone and facsimile numbers of the foreign court and the name and, where appropriate, e-mail address of any official of the court to whom any document may be sent by the sheriff clerk;

(iii)the full name, postal address and date of birth of the child;

(iv)the status of the proceedings in the foreign court;

(v)the particular connection the child has with Scotland;

(vi)why it is in the best interests of the child that the case should be heard in the sheriff court;

(vii)the time limit set by the foreign court under Article 15(4);

(2) There shall be lodged with an initial writ under these Rules any document considered by the pursuer to be relevant to the action involving parental responsibilities including any papers forming part of the process of the case in the foreign court.

(3) A warrant for citation in respect of an initial writ under these Rules shall be signed by the sheriff.

(4) The sheriff may make such order as to intimation or service, fixing a hearing to determine jurisdiction or otherwise as he thinks fit.

(5) On the fixing of a date for a hearing to determine jurisdiction the pursuer shall–

(a)intimate to every other party a notice in Form 1;

(b)lodge a certificate of intimation in Form 2,

within any time limit specified by the sheriff.

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