Textual Amendments
F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.
Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, rule 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
Valid from 01/11/2007
33.56.In this Part, “action of aliment” means a claim for aliment under section 2(1) of the Act of 1985.
33.57.(1)Where a motion for decree in absence under Chapter 7 (undefended causes) is lodged in an action of aliment, the pursuer shall, on lodging the motion, lodge all documentary evidence of the means of the parties available to him in support of the amount of aliment sought.
(2)Where the sheriff requires the appearance of parties, the sheriff clerk shall fix a hearing.
33.58.(1)An application for, or for variation of, an order for interim aliment in a depending action of aliment shall be made by motion.
(2)An application after final decree for the variation or recall of an order for aliment in an action of aliment shall be made by minute in the process of the action to which the application relates.
(3)A person—
(a)to whom an obligation of aliment is owed under section 1 of the M1Act of 1985,
(b)in whose favour an order for aliment while under the age of 18 years was made in an action of aliment, or
(c)who seeks, after attaining that age, an order for aliment against the person in that action against whom the order for aliment in his favour was made,
shall apply by minute in the process of that action.
(4)An application for interim aliment pending the determination of an application under paragraph (2) or (3) shall be made by motion.
(5)Where a decree has been pronounced in an application under paragraph (2) or (3), any application for variation or recall of any such decree shall be made by minute in the process of the action to which the application relates.
33.59.(1)Subject to paragraph (2) [F2and rule 33A.53], an application under section 7(2) of the Act of 1985 (variation or termination of agreement on aliment) shall be made by summary application.
(2)In a family action in which a crave for aliment may be made, an application under section 7(2) of the Act of 1985 shall be made by a crave in the initial writ or in defences, as the case may be.
Textual Amendments
F2Words in Sch. 1 rule 33.59(1) inserted (4.5.2006) by Act of Sederunt (Ordinary Cause Rules) Amendment (Family Law (Scotland) Act 2006 etc.) 2006 (S.S.I. 2006/207), {rule 2(29)}