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The sheriff, having resumed consideration of the cause, Repels the defender’s eight plea in law that the English County Court is the more natural and convenient court and this court should no longer be the forum for the subject matter of the cause, Therefore Refuses to sist the pursuer’s application for a residence order failing which a contact order made in this court in respect of the children in terms of section 14 of the Family Law Act 1986, Continues consideration of the cause to the Procedure Roll of 28 March 2013 to determine further procedure in the cause.
(a) Proceedings “are continuing” with respect to the application “outside Scotland or in another court in Scotland”; or
(b) “It would be more appropriate for those matters to be determined in proceedings outside Scotland or in another court in Scotland and that such proceedings are likely to be taken there”.
(a) is it “more appropriate” for the matters raised in these proceedings to be determined in England; and
(b) is it “likely” proceedings would be taken there for determination of these matters?
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