Chapter 49 - Family actions - Part IX - Applications for orders under section 11 of the Children (Scotland) Act 1995
Application of this Part
49.58. This Part applies to an application for a section 11 order in a family action other than in an action of divorce, separation, declarator of nullity of marriage, dissolution of a civil partnership, separation of civil partners, or declarator of nullity of a civil partnership.
Form of applications relating to section 11 orders
49.59. Subject to any other provision in this Chapter, an application for a section 11 order shall be made-
(a) by an action for a section 11 order,
(b) by a conclusion in the summons or defences, as the case may be, in any other family action to which this Part applies; or
(c) where the application is made by a person other than a party to an action mentioned in paragraph (a) or (b), by minute in that action.
Defenders in actions for a section 11 order
49.60. In an action for a section 11 order, the pursuer shall call as a defender-
(a) the parents or other parent of the child in respect of whom the order is sought;
(b) any guardian of the child;
(c) any person who has treated the child as a child of his family;
(d) any person who in fact exercises care or control in respect of the child; and
(e) in any case where there is no person falling within paragraphs (a) to (d), the Lord Advocate,
Applications relating to interim orders in depending actions
49.61.-(1) An application, in an action depending before the court to which this Part applies, for, or for the variation or recall of, an interim residence order or an interim contact order shall be made by motion.
(2) Written intimation of a motion under paragraph (1) shall be given not less than 7 days before the date on which the motion is enrolled.
49.62 Revoked
Applications after decree
49.63.-(1) An application after final decree for the variation or recall of a section 11 order other than a contact order shall be made by minute in the process of the action to which it relates.
(2) Where a minute has been lodged under paragraph (1), any party-
(a) may apply by motion for an interim order pending the determination of the application; and
(b) shall intimate such a motion to every other party not less than seven days before the date on which the motion is enrolled.(3) An application after final decree for, or for the variation or recall of, a contact order shall be made by motion; and rule 49.43 (applications after decree relating to aliment) shall apply to a motion under this paragraph as it applies to a motion under that rule.
