SCHEDULEAMENDMENT TO ORDINARY CAUSE RULES 1993

6

In rule 33.7 (warrants and forms for intimation)–

a

in paragraph (1)–

i

at the beginning of the paragraph, for the words “In the initial writ”, substitute the words “Subject to paragraphs (5) and (7), in the initial writ”;

ii

in sub-paragraph (e), for the words “an order for any parental rights”, substitute the words “a section 11 order”;

iii

in head (iii) of sub-paragraph (e), for the words “exercises such rights de facto”, substitute the words “in fact exercises care or control”;

iv

in sub-paragraph (f), for the words “the custody of a child”, substitute the words “a section 11 order”;

v

in sub-paragraph (g), for the words “the custody”, substitute the words “a residence order in respect”; and

vi

for sub-paragraph (h), substitute the following sub-paragraph–

h

in an action which includes a crave for a section 11 order, to the child to whom such an order would relate if not a party to the action, and a notice of intimation in Form F9 shall be intimated to that child;

b

in paragraph (4), for sub-paragraphs (a) and (b), substitute the following sub-paragraphs:–

a

craves a residence order in respect of a child,

b

is not a parent of the child, and

c

is not resident in Scotland when the initial writ is lodged for warranting,

c

after paragraph (6), insert the following paragraph:–

7

Where a pursuer considers that to order intimation to a child under paragraph (1)(h) is inappropriate, he shall–

a

include a crave in the initial writ to dispense with intimation to that child, and

b

include in the initial writ averments setting out the reasons why such intimation is inappropriate;

and the sheriff may dispense with such intimation or make such other order as he thinks fit.