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

PART IX CAUSES RELATING TO PARENTAL RIGHTS

Application and interpretation of this Part

49.58.—(1) This Part applies to an application for any parental rights in a family action other than in an action of divorce, separation or declarator of nullity of marriage.

(2) In this Part, “the Act of 1973” means the Guardianship Act 1973(1).

Form of applications relating to parental rights

49.59.  Subject to any other provision in this Chapter, an application for an order for any parental rights in respect of a child shall be made–

(a) by an action for parental rights,

(b) by a conclusion in the summons or defences, as the case may be, in any other family action to which this Part applies; or

(c) where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.

Defenders in actions for parental rights

49.60.  In an action for parental rights, the pursuer shall call as a defender–

(a) the parents or other parent of the child in respect of whom the order is sought;

(b) any guardian of the child;

(c) any person who has accepted the child into his family;

(d) any person having the de facto custody of the child;

(e) any local authority in whose care or under whose supervision the child is; and

(f) in any case where there is no person falling within paragraphs (a) to (e), the Lord Advocate.

Applications relating to interim orders in depending actions

49.61.—(1) An application, in an action depending before the court to which this Part applies, for, or for the variation or recall of, an order for interim custody or interim access shall be made by motion.

(2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled.

Care and supervision by local authorities

49.62.—(1) Where the court is considering making an order under section 11(1) of the Act of 1973(2) (committal of care of child to a local authority or order that a child be under supervision of a local authority), it shall ordain one of the parties to intimate to the chief executive of the appropriate local authority (unless such a local authority is a party to the cause and represented at the hearing at which the issue arises)–

(a) a copy of the pleadings (including any adjustments and amendments);

(b) the terms of any relevant motion;

(c) a notice of intimation in Form 49.62–A requiring any representations which the local authority wishes to make to the court to be made by minute in the process of the cause within such period as the court has determined.

(2) Before lodging a minute under paragraph (1)(c), the minuter shall intimate to every other party a copy of the minute and the date on which it will be lodged.

(3) Where the court makes, varies or recalls an order placing a child under the supervision of a local authority under secion 11(1) of the Act of 1973, it shall send a copy of the interlocutor making the order and a notice in Form 49.62–B to the chief executive of that local authority.

(4) Where a child is subject to an order made under section 11(1) of the Act of 1973, any motion enrolled or minute lodged which relates to that child shall be intimated to the chief executive of the local authority concerned.

Applications after decree

49.63.—(1) An application after final decree–

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

(b) for, or for the variation or recall of, an order under section 11(1) of the Act of 1973 committing the care of a child to a local authority,

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

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

(a) may apply by motion for an interim order pending the determination of the application; and

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

(3) An application after final decree for, or for the variation or recall of–

(a) an order for access, or

(b) an order under section 11(1) of the Act of 1973 for the supervision of a child by a local authority,

shall be made by motion; and rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this paragraph as it applies to a motion under that rule.

(1)

1973 c. 29.

(2)

Section 11(1) was amended by the Act of 1975 (c. 72), section 48(3).