C1Part I Child Custody

Annotations:
Modifications etc. (not altering text)
C1

Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.

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.