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Act of Sederunt (Rules of the Court of Session 1994) 1994

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This is the original version (as it was originally made).

Applications after decree relating to parental rights or care

49.41.—(1) Subject to rule 49.42 (applications after decree relating to access or supervision), an application after final decree–

(a)for, or for the variation or recall of, an order relating to parental rights other than access, or

(b)for an order under section 10(1) of the Act of 1958 (committal of care of child to an individual other than one of the parties to the marriage or to a local authority),

shall be made by minute in the process of the action to which the application relates.

(2) where a minute has been lodged under paragraph (1), any party–

(a)may apply by motion for any interim order which may be made pending the determination of the application; and

(b)shall intimate any such motion to every other party not less than 7 days before the date on which the motion is enrolled.

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