When a child order, such as a Child Arrangement Order, Special Guardianship Order or a Specific Steps Order, is granted in England or Wales in respect of a child who then moves to, or is relocated within Scotland, how is the order of the English or Welsh Court registered in Scotland?
This is a question which is often asked of our Court of Session Agents. We are experienced in successfully assisting agents from English and Welsh jurisdictions in having orders registered. Our Court of Session Agents will be able to consider what type of order it is that you have from the English or Welsh Court, and advise you on what process is necessary to undertake.
In circumstances where it is only registration of a child order of the English or Welsh Courts which is required, such as those orders mentioned above, this is resolved by undertaking an administrative process at the Court of Session. A party seeking to register such an order may do so by writing to the Petitions Department of the Court. In doing so, that party should provide the Court with relevant information as required to register the order, including: a certified copy of the order, the original application on which the order was granted and details of the child’s current whereabouts. There is a small outlay of £19 which is payable to the Scottish Courts and Tribunal Services for registration of the order.
This process is only applicable, however, in circumstances where it is registration of the order which is required. It is not applicable where a party is seeking to enforce the order. In circumstances where a party is seeking to enforce the order instead, it must do so by way of raising a petition. This is a judicial process in which an Advocate with rights of audience in the Court of Session requires to be instructed and a petition raised in accordance with Chapter 14 of the Court of Session Rules.
Our Court of Session Agents are experienced in assisting English and Welsh agents in having child orders registered within the Court of Session. If this is an area in which any advice is required, please contact our team here.
