Family Law Act 1986

10 Presence of child.S

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.