Rule 33.24 Applications in relation to removal of children

Scotland

(1)

An application for leave under M1section 51(1) of the Act of 1975 (authority to remove a child from the care and possession of the applicant for F1a residence order) or for an order under section 35(3) of the Family Law Act 1986 (application for interdict or interim interdict prohibiting removal of child from jurisdiction) shall be made—

(a)

by a party to the action, by motion; or

(b)

by a person who is not a party to the action, by minute.

(2)

An application under section 35(3) of the Family Law Act 1986 need not be served or intimated.

(3)

An application under section 23(2) of the M2Child Abduction and Custody Act 1985(declarator that removal of child from United Kingdom was unlawful) shall be made—

(a)

in an action depending before the sheriff—

(1)

by a party, in the initial writ, defences or minute, as the case may be, or by motion; or

(ii)

by any other person, by minute; or

(b)

after final decree, by minute in the process of the action to which the application relates.

Annotations

Textual amendments

F1: Words in Sch. 1 rule 33.24(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 13

Marginal citations

M1: Section 51(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 2, paragraph 25.
M2: 1985 c.60.

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