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Act of Sederunt (Family Proceedings in the Sheriff Court) 1996

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6.  In rule 33.7 (warrants and forms for intimation)–

(a)in paragraph (1)–

(i)at the beginning of the paragraph, for the words “In the initial writ”, substitute the words “Subject to paragraphs (5) and (7), in the initial writ”;

(ii)in sub-paragraph (e), for the words “an order for any parental rights”, substitute the words “a section 11 order”;

(iii)in head (iii) of sub-paragraph (e), for the words “exercises such rights de facto”, substitute the words “in fact exercises care or control”;

(iv)in sub-paragraph (f), for the words “the custody of a child”, substitute the words “a section 11 order”;

(v)in sub-paragraph (g), for the words “the custody”, substitute the words “a residence order in respect”; and

(vi)for sub-paragraph (h), substitute the following sub-paragraph–

(h)in an action which includes a crave for a section 11 order, to the child to whom such an order would relate if not a party to the action, and a notice of intimation in Form F9 shall be intimated to that child;;

(b)in paragraph (4), for sub-paragraphs (a) and (b), substitute the following sub-paragraphs:–

(a)craves a residence order in respect of a child,

(b)is not a parent of the child, and

(c)is not resident in Scotland when the initial writ is lodged for warranting,; and

(c)after paragraph (6), insert the following paragraph:–

(7) Where a pursuer considers that to order intimation to a child under paragraph (1)(h) is inappropriate, he shall–

(a)include a crave in the initial writ to dispense with intimation to that child, and

(b)include in the initial writ averments setting out the reasons why such intimation is inappropriate;

and the sheriff may dispense with such intimation or make such other order as he thinks fit..

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