Act of Sederunt (Summary Cause Rules) 2002

Statement of claim

33.2.—(1) Any summons or counterclaim which contains a claim relating to aliment and to which section 8(6), (7), (8) or (10) of the 1991 Act applies must–

(a)state, where appropriate–

(i)that a maintenance calculation under section 11 of the 1991 Act (maintenance calculations)(1) is in force;

(ii)the date of the maintenance calculation;

(iii)the amount and frequency of periodical payments of child support maintenance fixed by the maintenance calculation; and

(iv)the grounds on which the sheriff retains jurisdiction under section 8(6), (7), (8) or (10) of the 1991 Act; and

(b)unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the party intimating the making of the maintenance calculation referred to in sub-paragraph (a).

(2) Any summons or counterclaim which contains a claim relating to aliment and to which section 8(6), (7), (8) or (10) of the 1991 Act does not apply must include a statement–

(a)that the habitual residence of the absent parent, person with care or qualifying child, within the meaning of section 3 of the 1991 Act(2), is outwith the United Kingdom; or

(b)that the child is not a child within the meaning of section 55 of the 1991 Act.

(3) A summons or counterclaim which involves parties in respect of whom a decision has been made in any application, review or appeal under the 1991 Act must–

(a)include in the statement of claim statements to the effect that such a decision has been made and give details of that decision; and

(b)unless the sheriff on cause shown otherwise directs, be accompanied by any document issued by the Secretary of State to the parties intimating that decision.