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Children (Scotland) Act 2020

Detailed provisions

Extension to sheriff of enforcement powers under Family Law Act 1986

105.Section 29 amends Part 1, Chapter V of the Family Law Act 1986 by inserting section 29A into the 1986 Act. This allows a ‘Part 1 Order’ made by a court in another part of the UK to be enforced in the sheriff court as well as in the Court of Session. A Part 1 Order is defined in section 1 of the 1986 Act and covers orders about contact and residence which are made across the UK. A Part 1 Order would still need to be registered in the Court of Session as it maintains a register of orders.

106.Enforcement is likely to involve seeking to hold any person alleged to have breached the order in contempt of court or seeking to vary the order.

107.If a person wishes to enforce a Part 1 Order in a sheriff court, new section 29A(2) provides that the sheriff court will have jurisdiction if the child is habitually resident in the sheriffdom (section 9(b) of the 1986 Act) or the child is physically present in Scotland and is not habitually resident elsewhere in the UK and either the pursuer or the defender is habitually resident in the sheriffdom (section 10(b) of the 1986 Act), subject to rules on emergency jurisdiction (section 12 of the 1986 Act).

108.It will remain possible to enforce a Part 1 Order in the Court of Session.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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