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1. Civil Jurisdiction and Judgments Act 1982, s20 and Sch 8, rules 1 and 2(5); Maintenance Orders Act 1950; Maintenance Orders (Reciprocal Enforcement) Act 1972.
2. Cf Allsop v Allsop (1830) 8 S 1032; Thomson v Thomson (1838) 11 Sc Jur 165; Finlay v Finlay (1885) 23 SLR 583; Pearce v Pearce (1898) 5 SLT 338; Foxwell v Robertson (1900) 2 F 932; Fraser v Campbell 1927 SC 589; Silver v Walker 1938 SC 595; Allum v Allum 1965 SLT (Sh Ct) 26.
3. Macdonald v Macdonald (1846) 8 D 830. The pursuer's children were also defenders. Two of the judges were for dismissing the action against them on the ground that they had no means: two were for finding out whether there was any liability by English law, the law of their domicile.
4. Ross v Sinhjee (1891) 19 R 31.
5. Ibid per the Lord Justice-Clerk at p37.
6. Lord Young at p37 and./Lord Trayner at p38.
7. 1939 SLT 286 at pp288-289.
8. L von Bar, Private International Law, translated by G R Gillespie, 2nd edn (Edinburgh, 1892) p380.
9. It replaced an earlier convention of 1956 which was also not signed by, the United Kingdom.
10. Under the Civil Jurisdiction and Judgments Act 1982, Sch 8 rule 5(2) the Scottish courts have jurisdiction in "matters relating to maintenance" on the basis of the maintenance creditor's domicile or habitual residence, as well as on the general ground of the defender's domicile available under rule 1.
11. See Discussion Paper No 85, paras 12.6 to 12.10.
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