Family Law Act 1986
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Change 1
35 Powers to restrict removal of child from jurisdiction.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A court in Scotland— (a) at any time after the commencement of proceedings in connection with which the court would have jurisdiction to make a Part I order, or (b) in any proceedings in which it would be competent for the court to grant an interdict prohibiting the removal of a child from its jurisdiction, may, on an application by any of the persons mentioned in subsection (4) below, grant interdict or interim interdict prohibiting the removal of the child from the United Kingdom or any part of the United Kingdom, or out of the control of the person in whose care the child is. (4) The said persons are— (a) any party to the proceedings, (b) the guardian of the child concerned, and (c) any other person who has or wishes to obtain the . . . care of the child. (5) In subsection (3) above “the court” means the Court of Session or the sheriff; and for the purposes of subsection (3)(a) above, proceedings shall be held to commence— (a) in the Court of Session, when a summons is signeted or a petition is presented; (b) in the sheriff court, when the warrant of citation is signed.
35 Powers to restrict removal of child from jurisdiction.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A court in Scotland— (a) at any time after the commencement of proceedings in connection with which the court would have jurisdiction to make a Part I order, or (b) in any proceedings in which it would be competent for the court to grant an interdict prohibiting the removal of a child from its jurisdiction, may, on an application by any of the persons mentioned in subsection (4) below, grant interdict or interim interdict prohibiting the removal of the child from the United Kingdom or any part of the United Kingdom, or out of the control of the person in whose care the child is. (4) The said persons are— (a) any party to the proceedings, (b) the guardian of the child concerned, and (c) any other person who has or wishes to obtain the . . . care of the child. (5) In subsection (3) above “the court” means the Court of Session or the sheriff; and for the purposes of subsection (3)(a) above, proceedings shall be held to commence— (a) in the Court of Session, when a summons is signeted or a petition is presented; (b) in the sheriff court, when the warrant of citation is signed.
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