Ordinary Cause - Additional Actions Flashcards
Name three types of family action
Divorce
Separation
Declaratory of parentage
Forms used to commence a family action
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
When defenders address unknown, what must happen?
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
What happens when def is alleged to have committed adultery and what is the term known as?
Copy of initial writ and notice in Form F2 is intimated on person who def committed adultery with.
Known as a paramour
If def suffers from mental disorder?
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
In relation to a polygamy marriage?
Copy of writ and intimation in Form F4 to any additional spouse
Action for divorce, nullity or separation where sheriff may make section 11 order for a child?
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
Pursuer craves section 11 order?
Notice of intimation in Form F7 to parent or guardian
Residence order?
Notice in Form F8
Intimate to local authority within 7 days after intimation made.
Action which includes crave for section 11 order?
Notice in Form F9 intimated to child without copy of writ
Forms used for an action for divorce or separation? 1 year?
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
Forms used for no cohab for two years?
divorce - notice in Form F23
separation - notice in Form F24
Form used when grounds for divorce relate to gender recognition?
Notice in Form 24A
How is service of a family action executed when defender is resident in a hospital or similar place?
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
What is a form F18
Request medical officer personally deliver to defender and explain.
