Paragraph 33.19C Views of the child – section 11 orders sought by both pursuer and defenderF1
This rule applies to defended actions in which section 11 orders are sought by both the pursuer and the defender and warrant has been granted for intimation and the seeking of the child’s views in Form F9.
The pursuer must—
no later than 14 days after the notice of intention to defend is lodged, send the child the Form F9 that was submitted and approved under rule 33.7A (warrants and forms for intimation to a child and for seeking a child’s views), amended so as also to narrate the section 11 order sought by the defender;
on the same day—
lodge a certificate of intimation in Form F9A;
send the defender a copy of the Form F9 that was sent to the child;
not send the child a copy of the initial writ, the notice of intention to defend or the defences.
Annotations
Textual amendments
- F1
Sch. 1 rules 33.19-33.19D substituted for Sch. 1 rule 33.19 (24.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Views of the Child) 2019 (S.S.I. 2019/123), paras. 1(2), 3(5) (with para. 4)
Notes on Schedule First
Textual amendments
- F1
Sch. 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, para. 3.24, Sch. 3
Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)
Modifications
- C1
Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
- C2
Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
- C3
Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5