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Act of Sederunt (Child Care and Maintenance Rules) 1997

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PART XAPPLICATION FOR REVIEW OF ESTABLISHMENT OF GROUNDS OF REFERRAL—NEW EVIDENCE

Application

3.62  An application under section 85 of the Act for a review of a finding made in terms of section 68(10) of the Act (finding that grounds for referral established) shall contain–

(a)the name and address of the applicant and his representative (if any);

(b)the name and address of the Principal Reporter;

(c)the name and address of the safeguarder (if any);

(d)the name and address of any other party to the application;

(e)the date and finding made and the name of the sheriff who made the finding;

(f)the grounds for the making of the application;

(g)specification of the nature of evidence in terms of section 85(3) of the Act not considered by the sheriff who made the finding;

(h)the explanation for the failure to lead such evidence on the original application; and

(i)any reports, affidavits and productions upon which the applicant intends to rely.

Hearing on application

3.63—(1) After the lodging of the application in terms of rule 3.62, the sheriff clerk shall assign a diet for a hearing of the application and shall issue a warrant to cite in Form 65 which shall require the Principal Reporter to lodge answers if so advised within such time as the sheriff shall appoint.

(2) Subject to the provisions of rule 3.4 (service on child), after the issue of the warrant to cite, the applicant shall forthwith give notice of the application by serving a copy and the warrant on the persons named in rule 3.62.

(3) After hearing parties and allowing such further procedure as he thinks fits, the sheriff shall, if satisfied in terms of section 85(6) of the Act, consider the evidence and may fix a further hearing for that purpose.

Hearing to consider the evidence

3.64—(1) After hearing parties on the evidence and allowing such further procedure as the sheriff thinks fit, he shall make an order as appropriate in terms of section 85(6) and (7) of the Act.

(2) The provisions of rule 3.51 shall apply to any order made under paragraph (1).

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