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)
F2. . .This Part applies to an action of divorce [F3, separation or declarator of nullity of marriage].
F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Rule 33.38: “-(1)” at the beginning of paragraph (1) is omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 19(a)
F3Words in Sch. 1 rule 33.38 substituted (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(28)}
F4Rule 33.38(2) omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 19(b)
33.39.(1)An application for an order mentioned in paragraph (2) shall be made—
(a)by a crave in the initial writ or defences, as the case may be, in an action to which this Part applies; or
(b)where the application is made by a person other than the pursuer or defender, by minute in that action.
(2)The orders referred to in paragraph (1) are:—
(a)an order for [F5a section 11 order]; and
(b)an order for aliment for a child.
Textual Amendments
F5Words in rule 33.39(2)(a) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 20
F633.40.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Rule 33.40 omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 21
F733.41.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Rule 33.41 omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 22
F833.42.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Rule 33.42 omitted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 23
[F933.43.An application by a party in an action depending before the court to which this Part applies for, or for variation of, an order for–
(a)interim aliment for a child under the age of 18, or
(b)a residence order or a contact order,
shall be made by motion.]
Textual Amendments
F9Rule 33.43 substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 24
33.44.[F11(1)An application after final decree for, or for the variation or recall of, a section 11 order [F12or in relation to the enforcement of such an order] shall be made by minute in the process of the action to which the application relates.]
(2)Where a minute has been lodged under paragraph (1), any party may apply by motion for any interim order which may be made pending the determination of the application.
Textual Amendments
F10Words in rule 33.44 heading substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 25(a)
F11Rule 33.44(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 25(b)
F12Words Sch. 1 rule 33.44(1) inserted (2.10.2000) by S.S.I. 2000/239, Sch. para. 3(15)
33.45.(1)An application after final decree for, or for the variation or recall of, an order for aliment for a child shall be made by minute in the process of the action to which the application relates.
(2)Where a minute has been lodged under paragraph (1), any party may lodge a motion for any interim order which may be made pending the determination of the application.
33.46.(1)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 to which this Part applies, and
(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.
(2)An application for interim aliment pending the determination of an application under paragraph (1) shall be made by motion.
(3)Where a decree has been pronounced in an application under paragraph (1) or (2), 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.