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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 by sheriff court of case involving matters of parental responsibility

8.—(1) An interlocutor pronounced by a sheriff sisting a case and inviting parties to make a request to a foreign court under Article 15(1)(a) or requesting a foreign court to assume jurisdiction under Article 15(1)(b) shall–

(a)specify the particular connection the child has to the Member State of the foreign court;

(b)set a time limit within which the foreign court may be seised in terms of Article 15(4);

(c)specify which of sub-paragraphs (a) to (c) of Article 15(2) applies and, where appropriate, which of the parties to the action have accepted the transfer.

(2) The sheriff shall append to the interlocutor a note stating–

(a)the reasons why he considers that it would be in the best interests of the child that the foreign court should hear the case; and

(b)such other matters as he considers would be of assistance to the foreign court in deciding whether or not to accept jurisdiction under Article 15(5) (acceptance of jurisdiction).

(3) Where an interlocutor under Article 15(1)(b) has been pronounced on the sheriff’s own motion or on an application from the foreign court, the sheriff clerk shall send a certified copy of the interlocutor and note to each of the parties.

(4) Within seven days of any interlocutor pronounced under Article 15(1)(b) (request by court to assume jurisdiction), the sheriff clerk shall send to the foreign court–

(a)a copy of the interlocutor and note under paragraph (2) by electronic mail or by facsimile transmission;

(b)a certified copy of the interlocutor and note by first class recorded delivery or registered post.

(5) The party who effects seisure of the foreign court shall no later than seven days after the expiry of the time limit specified by the sheriff under paragraph (1)(b) lodge in process a certificate stating the date on which the seisure was effected.

(6) Within 14 days of the date of the decision of the foreign court whether or not to accept jurisdiction in accordance with Article 15(5), the party who effected seisure of that court shall lodge in process a certified copy of the order of the foreign court or other document confirming its decision.

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