Ordinary Cause - Additional Actions Flashcards

1
Q

Name three types of family action

A

Divorce
Separation
Declaratory of parentage

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2
Q

Forms used to commence a family action

A

Initial writ in Form G1
Warrant of citation in Form F14
Form of citation in Form F15
Form of notice if intention to defend Form F26
Certificate of service Form F16

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3
Q

When defenders address unknown, what must happen?

A

Every child of family age 16 & next of kin of def over 16 is intimated with copy of initial writ and notice n Form F1

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4
Q

What happens when def is alleged to have committed adultery and what is the term known as?

A

Copy of initial writ and notice in Form F2 is intimated on person who def committed adultery with.
Known as a paramour

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5
Q

If def suffers from mental disorder?

A

Every child, next of kin, curator bonis and if appointed person holding guardianship order;

Is intimated with copy of initial writ and notice in Form F3

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6
Q

In relation to a polygamy marriage?

A

Copy of writ and intimation in Form F4 to any additional spouse

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7
Q

Action for divorce, nullity or separation where sheriff may make section 11 order for a child?

A

If child in care, notice in Form F5 to carers
Child of party of the marriage, Form F5 to third party
If third party has care and control, notice in Form F6

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8
Q

Pursuer craves section 11 order?

A

Notice of intimation in Form F7 to parent or guardian

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9
Q

Residence order?

A

Notice in Form F8
Intimate to local authority within 7 days after intimation made.

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10
Q

Action which includes crave for section 11 order?

A

Notice in Form F9 intimated to child without copy of writ

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11
Q

Forms used for an action for divorce or separation? 1 year?

A

No cohab for one year with consent;
- Action for divorce = notice in Form F19 + notice of consent in Form F20
- action for separation = notice in Form F21 + notice of consent Form F22

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12
Q

Forms used for no cohab for two years?

A

divorce - notice in Form F23

separation - notice in Form F24

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13
Q

Form used when grounds for divorce relate to gender recognition?

A

Notice in Form 24A

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14
Q

How is service of a family action executed when defender is resident in a hospital or similar place?

A

First class recorded delivery addressed to medical officer in charge.
With copy of writ, and form of citation in Form F15, form related to divorce or separation action, request to medical officer in Form F17 and form of certificate in Form F18 and envelope to return F18

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15
Q

What is a form F18

A

Request medical officer personally deliver to defender and explain.

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16
Q

Name the 6 things that allow a simple procedure divorce take place.

A

Other party consents
No other court actions ongoing related to marriage
No children under 16
No application for financial provisions
No mental disorders
No postponement application

17
Q

Simplified divorce, no cohab 1 & 2 years, gender recog

A

1 year - Form F31 and form of citation in Form F34

2 - Form F33 and form of citation in Form F35

GR - Form 33A and form of citation in Form F35A

18
Q

Simplified divorce, no cohab 2yrs or gender recog with address unknown?

A

Walls of court in Form F36 for 21 days

Any children 16
Next of kin 16 get notice in Form F37

19
Q

What can sheriff do on expiry of period of notice?

A

No sooner than 14 days after granting, issue each party extract decree in form F38

20
Q

Personal injury action, clinical negligence

A

Normally PI1
If clinical negligence, Form G1 and Form PI4

21
Q

Actions for removing unnamed occupiers

A

Form H5 affixed to main door or conspicuous part of premises and deposited if possible.

Land, insert stakes in conspicuous parts of land in sealed transparent envelope(copy of writ and citation in H5 addressed to occupiers.

22
Q

Powers of arrest to interdict, what is served?

A

Copy of interdict
CCI granting interdict
Certificate of service

After power of arrest
- copy of app for interdict
- CCI granting interdict

23
Q

Legislation for powers of arrest

A

Protections from abuse(Scotland) Act 2001

24
Q

Domestic Abuse legislation?

A

Domestic Abuse (Scotland) Act 2011

25
Q

App for domestic abuse interdict

A

Crave by initial writ why interdict sought
App after interdict made by minute

26
Q

Determination made for DB interdict

A

Interlocutor in Form DA1
Applicant serves DA1 and lodges certificate of service in DA2

27
Q

Determination recalled

A

Form DA3
And sheriff appoints person to send to chief constable, DA1 + DA2 or DA3 and completes certificate of sending in DA4