C1 Part I Child Custody
Chapter III Jurisdiction of Courts in Scotland
17 Orders for delivery of child.
1
F1. . ., an application by one parent of a child for an order for the delivery of the child from the other parent, where the order is not sought to implement a F2Part I order, may be entertained by the Court of Session or a sheriff if, but only if, the Court of Session or, as the case may be, the sheriff would have jurisdiction under this Chapter to make a F2Part I order with respect to the child concerned.
F32
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3
Subsection (1) above shall apply to an application by one party to a marriage for an order for the delivery of the child concerned from the other party where the child F4, although not a child of both parties to the marriage, is a child of the family of those parties as it applies to an application by one parent of a child for an order for the delivery of the child from the other parent.
F54
In subsection (3) above, “child of the family” means any child who has been treated by both parties as a child of their family, except a child who has been placed with those parties as foster parents by a local authority or a voluntary organisation.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.