The Sheriff Court in Scotland has legal authority over a wide range of family law cases, including:
- Divorce & Separation
- Children’s Matters
- Maintenance (Aliment)
- Declarator of Parentage / Non-Parentage
Divorce & Separation
The Sheriff Court can handle a divorce or judicial separation case only if specific jurisdiction rules are met.
Jurisdiction Conditions
The court has jurisdiction if:
- One spouse or partner is either:
- Domiciled in Scotland at the time the case is started OR
- Habitually resident in Scotland for at least 1 year before the case starts.
- Has lived in the sheriffdom for the 40 days before the case started.
- OR lived there for 40 days ending no more than 40 days before the case started and has no current address in Scotland.
Ancillary Orders
If the Sheriff Court has divorce jurisdiction, it can also make or change:
- Orders about children
- Aliment (maintenance)
- Financial provision orders
Civil Partnerships
The same jurisdiction rules apply to:
- Dissolution of a civil partnership.
- Judicial separation of civil partners.
- Annulment of a civil partnership.
At least one partner must meet the residency/domicile requirements for the Sheriff Court to act.
Children’s Matters
The Sheriff Court has powers under the Children (Scotland) Act 1995 and the Family Law (Scotland) Act 1985 to make orders about:
- Parental responsibilities
- Parental rights
- Guardianship
- Administration of a child’s property
Jurisdiction Conditions
The Sheriff Court can make a section 11 order (an order relating to a child) if:
- The child is habitually resident in the sheriffdom, OR
- The child is in Scotland but not habitually resident in the UK and one party is habitually resident in the sheriffdom, OR
- The child is present in the sheriffdom and urgent protection is needed
Emergency Orders
The court should only take jurisdiction without normal conditions in a genuine emergency – where immediate action is needed to protect the child.
Remitting to Court of Session
In complex or high-profile cases (e.g., involving international issues), the Sheriff Court can transfer the case to the Court of Session.
Maintenance (Aliment)
Maintenance jurisdiction is set out in the Civil Jurisdiction and Judgments Act 1982.
The Sheriff Court can handle maintenance cases if:
- The defender is domiciled in the sheriffdom.
- The person owed maintenance (creditor) is domiciled or habitually resident there.
- The maintenance claim is linked to a divorce case.
Special case: Actions for affiliation and aliment (proving paternity and claiming support) are maintenance matters even if not linked to other proceedings.
Declarator of Parentage / Non-Parentage
A declarator is a court order officially stating whether someone is or is not a child’s parent. A sheriff court will look at the evidence available to determine parentage, where that person is not registered on the child’s birth certificate. A declarator of parentage can exist without being registered on the child’s birth certificate.
Where It Can Be Raised
A declarator can be brought in:
- The Court of Session, or
- The Sheriff Court (only if certain rules are met)
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.