Paragraph 33.7A Warrants and forms for intimation to a child and for seeking a child’s viewsF1
Subject to paragraph (2), in an action which includes a crave for a section 11 order in respect of a child who is not a party to the action, the pursuer must—
include in the initial writ a crave for a warrant for intimation and the seeking of the child’s views in Form F9;
when presenting the initial writ for warranting, submit a draft Form F9, showing the details that the pursuer proposes to include when the form is sent to the child.
Where the pursuer considers that it would be inappropriate to send Form F9 to the child (for example, where the child is under 5 years of age), the pursuer must include in the initial writ—
a crave to dispense with intimation and the seeking of the child’s views in Form F9;
averments setting out the reasons why it is inappropriate to send Form F9 to the child.
The sheriff must be satisfied that the draft Form F9 submitted under paragraph (1)(b) has been drafted appropriately.
The sheriff may dispense with intimation and the seeking of views in Form F9 or make any other order that the sheriff considers appropriate.
An order granting warrant for intimation and the seeking of the child’s views in Form F9 under this rule must—
state that the Form F9 must be sent in accordance with rule 33.7A(6);
be signed by the sheriff.
The Form F9 must be sent in accordance with—
rule 33.19 (views of the child – undefended actions), where the action is undefended;
rule 33.19A (views of the child – section 11 order sought by pursuer only), where the action is defended and a section 11 order is sought by the pursuer only;
rule 33.19B (views of the child – section 11 order sought by defender only), where a section 11 order is sought by the defender only; or
rule 33.19C (views of the child – section 11 orders sought by both pursuer and defender), where a section 11 order is sought by both parties.
Annotations
Textual amendments
- F1
Sch. 1 rule 33.7A inserted (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(3) (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