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

Request by sheriff court to foreign authority for authorisation to exercise jurisdiction

7.—(1) Where in any action a sheriff decides to make a direct request to a competent authority of the Contracting State of the habitual residence of the child that the sheriff court be authorised to exercise jurisdiction as referred to in Article 9(1) (request for authorisation to exercise jurisdiction to take measures of protection) the sheriff shall append to the interlocutor a note specifying—

(a) the full name, designation, and postal address, telephone and facsimile numbers and, where appropriate, e-mail address of all the parties to the case, including any agent instructed to represent the parties before the foreign authority;

(b) why the sheriff court is better placed than the competent authority of the Contracting State of the habitual residence of the child to assess the child’s best interests; and

(c) such other matters as the sheriff considers would be of assistance to the foreign authority in deciding whether the sheriff court should be authorised to exercise jurisdiction as referred to in Article 9(1).

(2) The sheriff clerk shall forthwith send to the foreign authority—

(a) a copy interlocutor and note under paragraph (1) by e-mail or by facsimile transmission; and

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