Initial Writ in the Sheriff Court: Scotland's Kinship Care Application Explained

There Is No Application Form — You Need an Initial Writ

If you've been searching for a kinship care order application form in Scotland, you won't find one. Unlike simple procedure cases that use standard fill-in forms, a private family action under Section 11 of the Children (Scotland) Act 1995 must be raised using an Initial Writ — a bespoke legal document drafted specifically for your case.

The Initial Writ follows the Form G1 style under the Ordinary Cause Rules (Chapter 33) and is filed in the Sheriff Court within whose territorial jurisdiction the child is habitually resident.

What the Initial Writ Contains

An Initial Writ has a defined structure that covers everything the court needs to understand your case:

• Instance — identifies the pursuer (you, the applicant) and the defender (usually the birth parents)
• Craves — the specific orders you're asking for, such as residence, parental responsibilities and rights, and intimation to the local authority
• Condescendence — the factual narrative: your relationship to the child, how the child came into your care, why the order is needed, and the child's current circumstances
• Pleas-in-law — the legal principles that support your case, referencing Section 11 and the welfare principle

Your solicitor drafts this document based on detailed instructions from you. Generic templates from English legal websites won't work here — English concepts like Special Guardianship Orders and Child Arrangements Orders don't exist in Scots law, and using them renders an application legally defective.

Filing and the Court Fee

The completed Initial Writ is lodged with the sheriff clerk at your local sheriff court. The clerk reviews it, and if it's in order, the sheriff grants a warrant for citation — formal authority to serve the papers on the other parties.

The lodging fee for an Ordinary Cause family action is currently £185. If you receive qualifying benefits (Universal Credit with no earnings, Income Support, income-based JSA, or Pension Credit), you can claim a fee exemption using the SCTS Fee Exemption Form. Your solicitor submits the exemption form alongside the Initial Writ.

Service on the Defenders

After warranting, the Initial Writ must be formally served on the birth parents by sheriff officers or a registered solicitor. A copy is also sent (intimated) to the chief social work officer of the local authority where the child lives. This alerts social work to the proceedings and allows the court to request a Child Welfare Report if needed.

The birth parents have 21 days from the date of service to lodge a Notice of Intention to Defend. If they don't respond, the case can proceed uncontested.

Can You File an Initial Writ Yourself?

Technically yes — Scots law doesn't prohibit self-representation (party litigants). But drafting an Initial Writ requires precise legal language, correct craves, and properly structured pleadings. Errors can cause delays or lead to the case being dismissed. Most kinship carers instruct a solicitor, often through legal aid.

If you're eligible for SLAB's Advice and Assistance scheme, the cost of drafting the Initial Writ is covered. Civil Legal Aid then covers representation through the court hearings.

What Happens After Filing

Once served, the case moves through the sheriff court's family procedure — Child Welfare Hearings if contested, or affidavits and decree if uncontested. The Initial Writ is the foundation document that everything else builds on, so getting it right matters.

Our Kinship Care Orders in Scotland guide includes a full breakdown of the court procedure from Initial Writ to final decree, with preparation checklists for each stage.

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