Statutory Instrument 1996 No. 2167 (S.174)
Act of Sederunt (Family Proceedings in the Sheriff Court) 1996 - continued

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APPENDIX
Schedule, paragraph 35


FORM F5
Rule 33.7(1)(e)(i) and (ii)


Form of intimation to a local authority or third party who may be liable to maintain a child
    To (insert name and address as in warrant)
    Court ref. no.
    YOU ARE GIVEN NOTICE that in this action, the court may make an order under section 11 of the Children (Scotland) Act 1995 in respect of (insert name and address), a child in your care [or liable to be maintained by you]. A copy of the initial writ is attached. If you wish to appear as a party, you must lodge a minute with the sheriff clerk (insert address of sheriff clerk) for leave to do so. Your minute must be lodged within 21 days of (insert date on which intimation was given. N.B. Rule 5.3(2) relating to postal service or intimation).
    Date (insert date)
    Signed
    Solicitor for the pursuer
    NOTE: If you decide to lodge a minute it may be in your best interests to consult a solicitor. The minute should be lodged with the sheriff clerk with the appropriate fee of (insert amount) and a copy of this intimation.
    IF YOU ARE UNCERTAIN WHAT ACTION TO TAKE you should consult a solicitor. You may be entitled to legal aid depending on your financial circumstances, and you can get information about legal aid from a solicitor. You may also obtain advice from any Citizens Advice Bureau or other advice agency.


FORM F6
Rule 33.7(1)(e)(iii)


Form of intimation to person who in fact exercises care or control of a child
    To (insert name and address as in warrant)
    Court ref. no.
    YOU ARE GIVEN NOTICE that in this action, the court may make an order under section 11 of the Children (Scotland) Act 1995 in respect of (insert name and address) a child at present in your care or control. A copy of the initial writ is attached. If you wish to appear as a party, you must lodge a minute with the sheriff clerk (insert address of sheriff clerk) for leave to do so. Your minute must be lodged within 21 days of (insert date on which intimation was given. N.B. Rule 5.3(2) relating to postal service or intimation).
    Date (insert date)
    Signed
    Solicitor for the pursuer
    NOTE: If you decide to lodge a minute it may be in your best interests to consult a solicitor. The minute should be lodged with the sheriff clerk with the appropriate fee of (insert amount) and a copy of this intimation.
    IF YOU ARE UNCERTAIN WHAT ACTION TO TAKE you should consult a solicitor. You may be entitled to legal aid depending on your financial circumstances, and you can get information about legal aid from a solicitor. You may also obtain advice from any Citizens Advice Bureau or other advice agency.


FORM F7
Rule 33.7(1)(f)


Form of notice to parent or guardian in action for a section 11 order in respect of a child
        1.    YOU ARE GIVEN NOTICE that in this action, the pursuer is applying for an order under section 11 of the Children (Scotland) Act 1995 in respect of the child (insert name of child). A copy of the initial writ is served on you and is attached to this notice.
        2.    If you wish to oppose this action, or oppose the granting of any order applied for by the pursuer in respect of the child, you must lodge a notice of intention to defend (Form F26). See Form F26 attached for further details.
    Date (insert date)
    Signed
    Pursuer
    or Solicitor for the pursuer (add designation and business address)
    IF YOU ARE UNCERTAIN WHAT ACTION TO TAKE you should consult a solicitor. You may be entitled to legal aid depending on your financial circumstances, and you can get information about legal aid from a solicitor. You may also obtain advice from any Citizens Advice Bureau or other advice agency.


FORM F8
Rules 33.7(1)(g), 33.7(4) and 33.12(2) and (3)


Form of notice to local authority requesting a report in respect of a child
    To (insert name and address)
    Court ref. no.
        1.    YOU ARE GIVEN NOTICE that in an action in the Sheriff Court at (insert address) the pursuer has applied for a residence order in respect of the child (insert name of child). A copy of the initial writ is enclosed.
        2.    You are required to submit to the court a report on all the circumstances of the child and on the proposed arrangements for the care and upbringing of the child.
    Date (insert date)
    Signed
    Solicitor for the pursuer (add designation and business address)


FORM F9
Rules 33.7(1)(h)


Form of intimation in an action which includes a crave for a section 11 order
    Court Ref. No.
    PART A
    This part must be completed by the Pursuer's solicitor in language a child is capable of understanding
    To (1)
    The Sheriff (the person who has to decide about your future) has been asked by (2)            to decide:-

      (a)  (3) and (4)

      (b)  (5)

      (c)  (6)
    If you want to tell the Sheriff what you think about the things your (2)            has asked the Sheriff to decide about your future you should complete Part B of this form and send it to the Sheriff Clerk at (7) by (8)           . An envelope which does not need a postage stamp is enclosed for you to use to return the form.
    IF YOU DO NOT UNDERSTAND THIS FORM OR IF YOU WANT HELP TO COMPLETE IT you may get free help from a SOLICITOR or contact the SCOTTISH CHILD LAW CENTRE ON the FREE ADVICE TELEPHONE LINE ON 0800 317 500.
    If you return the form it will be given to the Sheriff. The Sheriff may wish to speak with you and may ask you to come and see him or her.
    NOTES FOR COMPLETION
    (1) Insert name and address of child. (2) Insert relationship to the child of party making the application to court.
    (3) Insert appropriate wording for residence order sought. (4) Insert address.
    (5) Insert appropriate wording for contact order sought. (6) Insert appropriate wording for any other order sought.
    (7) Insert address of sheriff clerk. (8) Insert the date occurring 21 days after the date on which intimation is given. N.B. Rule 5.3(2) realting to imtimation and service.
    (9) Insert court reference number. (10) Insert name and address of parties to the action.
    PART B
    IF YOU WISH THE SHERIFF TO KNOW YOUR VIEWS ABOUT YOUR FUTURE YOU SHOULD COMPLETE THIS PART OF THE FORM
    To the Sheriff Clerk, (7)
    Court Ref. No. (9)
    (10)..........
    QUESTION (1): DO YOU WISH THE SHERIFF TO KNOW WHAT YOUR VIEWS ARE ABOUT YOUR FUTURE?
    (PLEASE TICK BOX)
    YES      
    NO      
    If you have ticked YES please also answer Question (2)or(3)
    QUESTION (2): WOULD YOU LIKE A FRIEND, RELATIVE OR OTHER PERSONTO TELL THE SHERIFF YOUR VIEWS ABOUT YOUR FUTURE?
    (PLEASE TICK BOX)
    YES      
    NO      
    If you have ticked YES please write the name and address of the person you wish to tell the Sheriff your views in Box (A) below. You should also tell that person what your views are about your future.
    BOX A: (NAME) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
         

    (ADDRESS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
      Is this person- A friend?        A relative?       
        A teacher?        Other?       
    OR
    QUESTION (3): WOULD YOU LIKE TO WRITE TO THE SHERIFF AND TELL HIM WHAT YOUR VIEWS ARE ABOUT YOUR FUTURE?
    (PLEASE TICK BOX)
    YES      
    NO      
    If you decide that you wish to write to the Sheriff you can write what your views are about your future in Box (B) below or on a separate piece of paper. If you decide to write your views on a separate piece of paper you should send it along with this form to the Sheriff Clerk in the envelope provided.
    BOX B: WHAT I HAVE TO SAY ABOUT MY FUTURE:-


       


       


       


       


       


       
    NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


FORM F19
Rule 33.14(1)(a)(i)


Form of notice to defender where it is stated that defender consents to the granting of decree of divorce
    YOU ARE GIVEN NOTICE that the copy initial writ served on you with this notice states that you consent to the grant of decree of divorce.
        1.    If you do so consent the consequences for you are that:-

      (a)  provided the pursuer establishes the fact that he [or she] has not cohabited with you at any time during a continuous period of two years after the date of your marriage and immediately preceding the bringing of this action and that you consent, a decree of divorce will be granted;

      (b)  on the grant of a decree of divorce you may lose your rights of succession to the pursuer's estate; and

      (c)  decree of divorce will end the marriage thereby affecting any right to such pension as may depend on the marriage continuing, or, on your being left a widow the state widow's pension will not be payable to you when the pursuer dies.
    Apart from these, there may be other consequences for you depending upon your particular circumstances.
        2.    You are entitled, whether or not you consent to the grant of decree of divorce in this action, to apply to the sheriff in this action-

      (a)  to make financial or other provision for you under the Family Law (Scotland) Act 1985;

      (b)  for an order under section 11 of the Children (Scotland) Act 1995 in respect of any child of the marriage, or any child accepted as such, who is under 16 years of age; or

      (c)  for any other competent order.
        3.    IF YOU WISH TO APPLY FOR ANY OF THE ABOVE ORDERS you should consult a solicitor with a view to lodging a notice of intention to defend (Form F26).
        4.    If, after consideration, you wish to consent to the grant of decree of divorce in this action, you should complete and sign the attached notice of consent (Form F20) and send it to the sheriff clerk at the sheriff court referred to in the initial writ within 21 days of (insert the date on which service was executed. N.B. Rule 5.3(2) relating to postal service).
        5.    If, at a later stage, you wish to withdraw your consent to decree being granted against you in this action, you must inform the sheriff clerk immediately in writing.
    Date (insert date)
    Signed
    Solicitor for the pursuer (add designation and business address)


FORM F21
Rule 33.14(1)(a)(ii)


Form of notice to defender where it is stated that defender consents to the granting of decree of separation
    YOU ARE GIVEN NOTICE that the copy initial writ served on you with this notice states that you consent to the grant of decree of separation.
        1.    If you do so consent the consequences for you are that-

      (a)  provided the pursuer establishes the fact that he [or she] has not cohabited with you at any time during a continuous period of two years after the date of your marriage and immediately preceding the bringing of this action and that you consent, a decree of separation will be granted;

      (b)  on the grant of decree of separation you will be obliged to live apart from the pursuer but the marriage will continue to subsist; you will continue to have a legal obligation to support your wife [or husband] and children;
    Apart from these, there may be other consequences for you depending upon your particular circumstances.
        2.    You are entitled, whether or not you consent to the grant of decree of separation in this action, to apply to the sheriff in this action-

      (a)  to make financial or other provision for you under the Family Law (Scotland) Act 1985;

      (b)  for an order under Section 11 of the Children (Scotland) Act 1995 in respect of any child of the marriage, or any child accepted as such, who is under 16 years of age; or

      (c)  for any other competent order.
        3.    IF YOU WISH TO APPLY FOR ANY OF THE ABOVE ORDERS you should consult a solicitor with a view to lodging a notice of intention to defend (Form F26).
        4.    If, after consideration, you wish to consent to the grant of decree of separation in this action, you should complete and sign the attached notice of consent (Form F22) and send it to the sheriff clerk at the sheriff court referred to in the initial writ and other papers within 21 days of (insert the date on which service was executed. N.B. Rule 5.3(2) relating to postal service or intimation).
        5.    If, at a later stage, you wish to withdraw your consent to decree being granted against you in this action, you must inform the sheriff clerk immediately in writing.
    Date (insert date)
    Signed
    Solicitor for the pursuer (add designation and business address)


FORM F23
Rule 33.14(1)(b)(i)


Form of notice to defender in an action of divorce where it is stated that there has been five years' non-cohabitation
    YOU ARE GIVEN NOTICE that-
        1.    The copy initial writ served on you with this notice states that there has been no cohabitation between you and the pursuer at any time during a continuous period of five years after the date of the marriage and immediately preceding the commencement of this action. If the pursuer establishes this as a fact and the Sheriff is satisfied that the marriage has broken down irretrievably, a decree will be granted, unless the sheriff is of the opinion that to grant decree would result in grave financial hardship to you.
        2.    Decree of divorce will end the marriage thereby affecting any right to such pension as may depend the marriage continuing, or, on your being left a widow the state widow's pension will not be payable to you when the pursuer dies. You may also lose your rights of succession to the pursuer's estate.
        3.    You are entitled, whether or not you dispute that there has been no such cohabitation during that five year period, to apply to the sheriff in this action-

      (a)  to make financial or other provision for you under the Family Law (Scotland) Act 1985;

      (b)  for an order under section 11 of the Children (Scotland) Act 1995 in respect of any child of the marriage, or any child accepted as such, who is under 16 years of age; or

      (c)  for any other competent order.
        4.    IF YOU WISH TO APPLY FOR ANY OF THE ABOVE ORDERS you should consult a solicitor with a view to lodging a notice of intention to defend (Form F26).
    Date (insert date)
    Signed
    Solicitor for the pursuer (add designation and business address)


FORM F24
Rule 33.14(1)(b)(ii)


Form of notice to defender in an action of separation where it is stated that there has been five years' non-cohabitation
    YOU ARE GIVEN NOTICE that-
        1.    The copy initial writ served on you together with this notice states that there has been no cohabitation between you and the pursuer at any time during a continuous period of five years after the date of the marriage and immediately preceding the commencement of this action and that if the pursuer establishes this as a fact, and the sheriff is satisfied that there are grounds justifying decree of separation, a decree will be granted, unless the sheriff is of the opinion that to grant decree would result in grave financial hardship to you.
        2.    On the granting of decree of separation you will be obliged to live apart from the pursuer but the marriage will continue to subsist. You will continue to have a legal obligation to support your wife [or husband] and children.
        3.    You are entitled, whether or not you dispute that there has been no such cohabitation during that five year period, to apply to the sheriff in this action-

      (a)  to make provision under the Family Law (Scotland) Act 1985;

      (b)  for an order under section 11 of the Children (Scotland) Act 1995 in respect of any child of the marriage, or any child accepted as such, who is under 16 years of age; or

      (c)  for any other competent order.
        4.    IF YOU WISH TO APPLY FOR ANY OF THE ABOVE ORDERS you should consult a solicitor with a view to lodging a notice of intention to defend (Form F26).
    Date (insert date)
    Signed
    Solicitor for the pursuer (add designation and business address)


FORM F26
Rules 33.11(1) and 33.34(2)(a)


Form of notice of intention to defend in a family action

NOTICE OF INTENTION TO DEFEND
    PART A
    (This section to be completed by the pursuer's solicitor before service.)
      Court ref. no.
    (Insert name and business address of solicitor for the pursuer)

      In an action brought in            Sheriff Court


      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


      Pursuer


      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


      . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


      Defender
    Date of service: Date of expiry of period of notice:
    PART B
    (This section to be completed by the defender or defender's solicitor, and both parts of the form to be returned to the sheriff clerk at the above sheriff court on or before the date of expiry of the period of notice referred to in Part A above.)
    (Insert place and date)
    [C.D.] (insert designation and address), Defender, intends to

      (a)  challenge the jurisdiction of the court;

      (b)  oppose a crave in the initial writ;

      (c)  make a claim;

      (d)  seek an order;
    in the action against him [or her] raised by [A. B.], (insert designation and address), Pursuer.
    PART C
    (This section to be completed by the defender or the defender's solicitor where an order under section 11 of the Children (Scotland) Act 1995 in respect of a child is sought by the pursuer or is to be sought by the defender.)
    DO YOU WISH TO OPPOSE THE MAKING OF ANY ORDER CRAVED BY THE PURSUER IN RESPECT OF A CHILD?
      YES/NO*

      *delete as appropriate


        If you have answered YES to the above question, please state here the order(s) which you wish to oppose and the reasons why the court should not make such order(s).


         


         


         


         


         

    DO YOU WISH THE COURT TO MAKE ANY ORDER UNDER SECTION 11 OF THE CHILDREN (SCOTLAND) ACT 1995 IN RESPECT OF A CHILD?
      YES/NO*

      *delete as appropriate


        If you have answered YES to the above question, please state here the order(s) which you wish the court to make and the reasons why the court should make such order(s).


         


         


         


         


         

    PART D
    IF YOU HAVE COMPLETED PART C OF THIS FORM YOU MUST INCLUDE EITHER CRAVE (1) OR (2) BELOW (*delete as appropriate)
    (1) *Warrant for intimation of notice in terms of Form F9 on the child(ren) (insert name(s))is sought.
    (2) *I seek to dispense with intimation on the child(ren) (insert names) for the following reasons:-
    Signed
    [C.D.] Defender
    or [X.Y.] (add designation and business address)

      Solicitor for Defender


FORM F41
Rule 33.22A(2)


Form of intimation to parties of a Child Welfare Hearing
    Sheriff Court (insert address and telephone number)
    Court Ref. No.
    In the action of [A.B.], (design), Pursuer against [C.D.], (design), Defender
    YOU ARE GIVEN NOTICE that a Child Welfare Hearing has been fixed for (insert time) on (insert date) at (insert place) at which you must attend personally.
    Date (insert date)
    Signed ..........
    Sheriff Clerk (Depute)
    NOTE TO BE ADDED WHERE PARTY IS UNREPRESENTED
    IF YOU ARE UNCERTAIN WHAT ACTION TO TAKE you should consult a solicitor. You may be entitled to legal aid depending on your financial circumstances, and you can get information about legal aid from a solicitor. You may also obtain advice from any Citizens Advice Bureau or other advice agency.

 
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