{
  "url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33/rule-33.24",
  "json_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-2/chapter-33/rule-33.24.json",
  "legislation": "ukpga/Edw7/7/51",
  "legislation_title": "Sheriff Courts (Scotland) Act 1907",
  "legislation_url": "https://openlegislation.uk/sheriff-courts-scotland-act-1907",
  "path": "schedule/1/part/2/chapter/33/rule/33.24",
  "kind": "rule",
  "number": "33.24",
  "heading": "Applications in relation to removal of children",
  "text": "(1) An application for leave under section 51(1) of the Act of 1975 (authority to remove a child from the care and possession of the applicant for a 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—\n(a) by a party to the action, by motion; or\n(b) by a person who is not a party to the action, by minute.\n(2) An application under section 35(3) of the Family Law Act 1986 need not be served or intimated.\n(3) An application under section 23(2) of the Child Abduction and Custody Act 1985(declarator that removal of child from United Kingdom was unlawful) shall be made—\n(a) in an action depending before the sheriff—\n(1) by a party, in the initial writ, defences or minute, as the case may be, or by motion; or\n(ii) by any other person, by minute; or\n(b) after final decree, by minute in the process of the action to which the application relates.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 rule 33.24(1) substituted (1.11.1996) by S.I. 1996/2167, para. 2, Sch. para. 13"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Section 51(1) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 2, paragraph 25."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1985 c.60."
    }
  ],
  "outstanding_effects": [
    {
      "type": "repealed",
      "affecting": "asp/2014/18",
      "affecting_title": "Courts Reform (Scotland) Act 2014"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/2/chapter/33/rule/33.24",
    "retrieved_at": "2026-11-10T03:34:13.908359+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}