Family actions practice note for Lothian & Borders

The Sheriff Principal of Lothian & Borders has drawn attention to a practice note issued in March, covering a number of aspects of procedure in family and civil partnership proceedings.

Where a party seeks to withhold disclosure of their address from the other party, full averments must be given of the reasons why. If it is stated only that the party does not wish the other party to know his or her whereabouts, the initial writ will not be accepted by the court.

A party who wishes to call a court reporter as a witness should be in a position to state at a case management or pre-proof hearing on what basis it is proposed to question the witness.

It is also highlighted that where an action falls under the year and a day rule (where no procedure has taken place during that period after the end of the period of notice – guidance is given on what constitutes interruption), any interim orders previously granted also fall.

Guidance is also given on averments about parental responsibilities and rights, motions, and minutes averring contempt of court.

The practice note, which applies to all applications lodged or proceedings commenced on or after 2 March 2015, will be kept revised in light of experience and any new legislation.