Act of Sederunt (Rules of the Court of Session 1994) 1994

Consents to grant of custody

49.20.—(1) Where a party, who requires aconsent under section 47(2) of the Act of 1975(1) to the grant of custody, executes service on, or gives intimation to, a person whomay give such consent, he shall–

(a) include with the copy of the summons or other pleadings, as the case may be–

(i) a notice of intimation in Form 49.8–G; and

(ii) a form of notice of consent in Form 49.20; and

(b) in the certificate of service or intimation, as the case may be, state expressly that such notice and form of notice of consent were included.

(2) Where a parent or guardian wishes to consent to the grant of an application for custody, he shall–

(a) complete and sign the notice of consent in Form 49.20;

(b) have his signature witnessed; and

(c) send the notice of consent to the Deputy Principal Clerk who shall cause it to be lodged in process.

(3) Where a person, who has consented under paragraph (2) to the grant of such an application, wishes to withdraw that consent, he shall give notice by letter sent to the Deputy Principal Clerk stating that he withdraws his consent.

(4) On receipt of a letter under paragraph (3), the Deputy Principal Clerk shall–

(a) cause the letter to be lodged in process; and

(b) give written intimation of the terms of the letter to the applicant and to every other party.

(1)

1975 c. 72; section 47(2) was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 1, paragraph 14(1) and by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), Schedule 2.