Rule 33.22A Child Welfare HearingF1
Scotland
Where–
on the lodging of a notice of intention to defend in a family action in which the initial writ seeks or includes a crave for a section 11 order, a defender wishes to oppose any such crave or order, or seeks the same order as that craved by the pursuer,
on the lodging of a notice of intention to defend in a family action, the defender seeks a section 11 order which is not craved by the pursuer, or
in any other circumstances in a family action, the sheriff considers that a Child Welfare Hearing should be fixed and makes an order (whether at his own instance or on the motion of a party) that such a hearing shall be fixed,
the sheriff clerk shall fix a date and time for a Child Welfare Hearing F2to be heard either at the same time as the Initial Case Management Hearing or on the first suitable court date occurring not sooner than F321 days and not later than 49 days after the last date for lodging of the notice of intention to defend, unless the sheriff directs the hearing to be held on an earlier date.
On fixing the date for the Child Welfare Hearing, the sheriff clerk must—
if the Child Welfare Hearing is to be heard at the same time as the Initial Case Management Hearing, intimate the date on which both hearings will take place to the parties in Form G5A; or
if the Child Welfare Hearing is to be heard at a different time from the Initial Case Management Hearing, intimate the date of the Child Welfare Hearing to the parties in Form F41.
The fixing of the date of the Child Welfare Hearing shall not affect the right of a party to make any other application to the court whether by motion or otherwise.
At the Child Welfare Hearing (which may be held in private), the sheriff shall seek to secure the expeditious resolution of disputes in relation to the child by ascertaining from the parties the matters in dispute and any information relevant to that dispute, and may–
order such steps to be taken, or
make such order, if any, or
order further procedure,
as he thinks fit.
All parties (including a child who has indicated his wish to attend) shall, except on cause shown, attend the Child Welfare Hearing personally.
It shall be the duty of the parties to provide the sheriff with sufficient information to enable him to conduct the Child Welfare Hearing.
Annotations
Textual amendments
- F1
Sch. 1 rules 33.22, 33.22A substituted (1.11.1996) for Sch. 1 rule 33.22 by S.I. 1996/2167, para. 2, Sch. para. 12
- F2
Words in Sch. 1 rule 33.22A(1) inserted (25.9.2023) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(13)(a)(i) (with para. 3)
- F3
Words in Sch. 1 rule 33.22A(1) substituted (25.9.2023) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(13)(a)(ii) (with para. 3)
- F4
Sch. 1 rule 33.22A(2) substituted (25.9.2023) by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 (S.S.I. 2022/289), paras. 1(2), 2(13)(b) (with para. 3)
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