Section 10 Presence of child.

Scotland

Subject to section 11 of this Act, an application for a F1Part I order otherwise than in matrimonial F2or civil partnership proceedings may be entertained by—

(a)

the Court of Session if, on the date of the application, the child concerned—

(i)

is present in Scotland; and

(ii)

is not habitually resident in any part of the United Kingdom;

(b)

the sheriff if, on the date of the application,—

(i)

the child is present in Scotland;

(ii)

the child is not habitually resident in any part of the United Kingdom; and

(iii)

either the pursuer or the defender in the application is habitually resident in the sheriffdom.

Annotations

Textual amendments

F1: Words in s. 10 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 62(2)(a) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F2: Words in s. 10 inserted (5.12.2005) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 (S.S.I. 2005/623), arts. 1, 13

Notes on Part I

Modifications

C1: Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.