Act of Sederunt (Jurisdiction in Respect of Parental Responsibility and Measures for the Protection of Children Rules) 2011

General provisions for transfer to sheriff court

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

(a) include the following heading printed above the instance—

“ACT OF SEDERUNT (JURISDICTION IN RESPECT OF PARENTAL RESPONSIBILTY AND MEASURES FOR THE PROTECTION OF CHILDREN RULES) 2011”; 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 responsibility and measures for the protection of children, including any Scottish agent instructed to represent any of the parties;

(ii) the postal address and telephone and facsimile numbers of the foreign authority and the name and, where appropriate, e-mail address of any official of the foreign authority 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) if the foreign authority is a court, the status of proceedings in that court;

(v) the basis upon which the sheriff court is better placed to assess the best interests of the child, by reference to one or more of the circumstances referred to in Article 8(2).

(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 and measures for the protection of children, including any papers forming part of the process of any case in a 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 or she thinks fit.

(5) On the fixing of a date for a hearing to determine jurisdiction the pursuer shall, within any time limit specified by the sheriff—

(a) intimate to every other party a notice in Form 1 as set out in the Schedule to this Act of Sederunt;

(b) lodge a certificate of intimation in Form 2 as set out in the Schedule to this Act of Sederunt.