Act of Sederunt (Rules of the Court of Session Amendment No.5) (Family Actions and Miscellaneous) 1996

Paragraph 2(38)

SCHEDULE

Rule 49.8(3)(g)

FORM 49.8-G Form of notice of intimation to parent or guardian in family action for a section 11 order

Date: (date of posting or other method of intimation)

To: (name and address as in warrant for intimation)

TAKE NOTICE

(Pursuer’s name and address), pursuer, has brought an action against (defender’s name and address), defender, in the Court of Session, Edinburgh. The pursuer is seeking a section 11 order in respect of the child (child’s name and address). A copy of the summons in the action is attached.

If you wish to oppose this action, and oppose the granting to the pursuer of a section 11 order in respect of the child, you may apply to the court by minute to become a party to the action. You must do so at the Office of Court, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ within [21] days after the date of intimation to you of the summons [or if the warrant for intimation is executed before calling of the summons, within 7 days after the summons calls in court. The summons will not call in court earlier than [21] days after the date of intimation to you of the summons]. The date of intimation is the date stated at the top of this notice unless intimation has been made by post in which case the date of intimation is the day after that date.

IF YOU ARE UNCERTAIN ABOUT THE EFFECT OF THIS NOTICE, you should consult a solicitor, Citizens Advice Bureau or other local advice agency or adviser immediately.

(Signed)

Messenger-at-Arms

[or Solicitor [or Agent] for pursuer]

(Address)

Rule 49.8(3)(h), 49.8(4) and 49(11)

FORM 49.8-H Form of notice of intimation to local authority in family action by non-parent for a residence order in respect of a child

Date: (date of posting or other method of intimation)

To: (name and address as in warrant for intimation)

TAKE NOTICE

(Pursuer’s name and address), pursuer, has brought an action against (defender’s name and address), defender, in the Court of Session, Edinburgh.

The pursuer is seeking a residence order in respect of the child (name and address of child). A copy of the summons in the action is attached.

You are requested to submit to the court a report on all the circumstances of the child and on the proposed arrangements for the care and upbringing of the child without delay. On completion of the report please send it, with a copy for each party, to the Deputy Principal Clerk of Session, Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ.

(Signed)

Messenger-at-Arms

[or Solicitor [or Agent] for pursuer]

(Address)

Rules 49.8(7) and 49.20(1)(a)

FORM 49.8-N Form of notice of intimation to a child of a family action in which an order under section 11 of the Children (Scotland) Act 1995 is sought

Court Ref. No.

PART 1

THIS PART MUST BE COMPLETED BY THE PURSUER'S SOLICITOR IN LANGUAGE A CHILD IS CAPABLE OF UNDERSTANDING

To: (name and address of child)

The court has been asked by your father [or mother, or other relative or person as the case may be] to decide (insert appropriate wording to explain section 11 order[s] sought).

If you want to tell the court your views, you should complete Part 2 of this form and return it to the court in the envelope provided by (insert date). This envelope does not need a stamp.

If you return the form, it will be given to the court. The judge may wish to speak to you, and may ask you to come and see him or her.

IF YOU DO NOT UNDERSTAND THIS FORM OR IF YOU WANT HELP TO COMPLETE IT you may get help from a SOLICITOR or you may contact the SCOTTISH CHILD LAW CENTRE ON the FREE ADVICE TELEPHONE LINE ON 0800 317 500

PART 2

IF YOU WISH THE COURT TO KNOW YOUR VIEWS ABOUT YOUR FUTURE YOU SHOULD COMPLETE THIS PART OF THE FORM

To: Deputy Principal Clerk of Session

Court Ref. No.

From: (insert name of child)

1.  Do you want the court to know what your views are about your future?

	YES	NO
Please tick	▭	▭

2.  Would you like someone else to tell the court what your views are about your future?

	YES	NO
Please tick	▭	▭

If YES, please write this person’s name and address below:

• Name:

• Address:

3.  Would you like to write to the court to give your views about your future?

	YES	NO
Please tick	?	?

If YES, please write your views below. You may continue on a separate piece of paper.

• Thank you for taking the time to respond. Please now return the form and any separate pieces of paper in the envelope provided.