Section 13 Jurisdiction ancillary to matrimonial proceedings.

The jurisdiction of a court in Scotland to entertain an application for a F1Part I order in matrimonial F2or civil partnership proceedings shall be modified by the following provisions of this section.

A court in Scotland shall not have jurisdiction–

to entertain an application for a Part 1 order in those proceedings unless the application therefor was made on or before such dismissal or the granting of the decree of absolvitor.

Where, after a decree of separation has been granted, an application is made in the separation process for a Part I order, a court in Scotland shall not have jurisdiction to entertain that application if, on the date of the application, proceedings for divorce or nullity of marriage F4or proceedings for dissolution or nullity of civil partnership in respect of the marriage F5or civil partnership concerned are continuing in another court in the United Kingdom.

A court in Scotland shall not have jurisdiction to entertain an application for the variation of a Part I order made F6in matrimonial F7or civil partnership proceedings where the court has refused to grant the principal remedy sought in the proceedings if, on the date of the application, matrimonial or civil partnership proceedings in respect of the marriage F8or civil partnership concerned are continuing in another court in the United Kingdom.

Subsections (3) and (4) above shall not apply if the court in which the other proceedings there referred to are continuing has made—

and that order is in force.

A court in Scotland which has jurisdiction in matrimonial F12or civil partnership proceedings to entertain an application for a Part I order with respect to a child may make an order declining such jurisdiction if—

The court may recall an order made under subsection (6) above.