Act of Sederunt (Jurisdiction in Respect of Parental Responsibility and Measures for the Protection of Children Rules) 2011

Request to foreign authority to assume jurisdiction in case involving matters of parental responsibility etc.

5.—(1) Where a sheriff pronounces an interlocutor sisting a case and inviting parties to introduce a request to a foreign authority or directly requesting a foreign authority to assume jurisdiction as referred to in Article 8(1), the sheriff shall append to the interlocutor a note specifying—

(a) why the foreign authority would be better placed in the particular case to assess the best interests of the child; and

(b) such other matters as the sheriff considers would be of assistance to the foreign authority in deciding whether it shall assume jurisdiction as referred to in Article 8(1).

(2) The sheriff clerk shall send a certified copy of the interlocutor and note to each of the parties.

(3) After the expiry of the time limit for any appeal against an interlocutor pronounced under Article 8(1) (request to foreign authority to assume jurisdiction), the sheriff clerk shall send to the foreign authority—

(a) a copy of the interlocutor and note under paragraph (1) by e-mail or by facsimile transmission; and

(b) a certified copy of the interlocutor and note by first class recorded delivery or registered post.

(4) Where a foreign authority assumes jurisdiction as referred to in Article 8(1), the foreign authority or one of the parties shall lodge in process a certificate stating the date on which jurisdiction was assumed.

(5) Within 14 days of the date of the decision of the foreign authority whether or not to assume jurisdiction as referred to in Article 8(1), the foreign authority or one of the parties shall lodge in process a certified copy of any court order or other document confirming that decision.