Rule 3.27.5 Parenting ordersF1

(1)

Where a sheriff is considering making a parenting order under section 13 (sheriff’s power to make parenting order), the sheriff shall order the applicant for the ASBO to–

(a)

intimate to any parent in respect of whom the parenting order is being considered–

(i)

that the court is considering making a parenting order in respect of that parent;

(ii)

that if that parent wishes to oppose the making of such a parenting order, he or she may attend or be represented at the hearing at which the sheriff considers the making of the parenting order;

(iii)

the place, date and time of the hearing set out in sub-paragraph (a)(ii) above; and

(iv)

that if that parent fails to appear and is not represented at the hearing, a parenting order may be made in respect of the parent; and

(b)

serve on any parent in respect of whom the parenting order is being considered a copy of the initial writ in which the ASBO is sought.

(2)

Any parent in respect of whom a parenting order under section 13 is being considered may be sisted as a party to the action on their own motion, on the motion of either party or by the sheriff of his own motion.

Annotations

Textual amendments

F1: Ch. 3 Pt. 27 inserted (28.10.2004 for the insertion of rules 3.27.1-3.27.4, 3.27.6 -3.27.11; 31.1.2005 for the insertion of rule 3.27.18; 4.4.2005 for the insertion of rules 3.27.5, 3.27.15-3.27.17; 15.11.2005 in so far as not already in force) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Antisocial Behaviour etc. (Scotland) Act 2004) 2004 (S.S.I. 2004/455), paras. 1(1)(b)(2), 2(4)