C1Part I Child Custody
Annotations:
Modifications etc. (not altering text)
Chapter III Jurisdiction of Courts in Scotland
10 Presence of child.
Subject to section 11 of this Act, an application for a F1Part I order otherwise than in matrimonial F2or civil partnership proceedings may be entertained by—
a
the Court of Session if, on the date of the application, the child concerned—
i
is present in Scotland; and
ii
is not habitually resident in any part of the United Kingdom;
b
the sheriff if, on the date of the application,—
i
the child is present in Scotland;
ii
the child is not habitually resident in any part of the United Kingdom; and
iii
either the pursuer or the defender in the application is habitually resident in the sheriffdom.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.