The Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010

Judicial authorities S

7.—(1) The Court of Session is to have jurisdiction to entertain an application under Article 24 of the Convention for recognition, or non-recognition, of a measure taken in another Contracting State.

(2) But where the recognition or non-recognition of a measure is raised as an incidental question in another court, that court may determine the issue.

(3) The Court of Session is also to have jurisdiction—

(a) to register a measure taken in another Contracting State for enforcement under Article 26 of the Convention, and

(b) to entertain an application for a declarator—

(i) that a person has, or does not have, parental responsibility for a child by virtue of Article 16 of the Convention, or

(ii) as to the extent of a person’s parental responsibility for a child by virtue of that Article.

Commencement Information

I1 Reg. 7 in force at 1.11.2012 as notified in the Edinburgh Gazette (dated 19.10.2012), see reg. 1(2)