Rule 2.53 Procedure where child wishes to express a viewF1
Scotland
Where a child to whom section 54(11) F2or 54A(11) of the 2008 Act applies indicates his or her wish to express a view, the sheriff, without prejudice to rule 2.51(2)(h)—
may order such procedural steps to be taken as the sheriff considers appropriate to ascertain the views of that child; and
must not make an order under this Part unless an opportunity has been given for the views of that child to be obtained or heard.
Where the views of a child, whether obtained under this rule or under rule 2.51(2)(h) have been recorded in writing, the sheriff may direct that such a written record is to—
be sealed in an envelope marked “Views of the child – confidential”;
be available to a sheriff only;
not be opened by any person other than a sheriff; and
not form a borrowable part of the process.
Annotations
Textual amendments
- F1
Ch. 2 Pt. 6 substituted (6.4.2010) by Act of Sederunt (Child Care and Maintenance Rules) Amendment (Human Fertilisation and Embryology Act 2008) 2010 (S.S.I. 2010/137), paras. 1(1), 2(2) (with para. 3)
- F2
Words in rule 2.53(1) inserted (24.5.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Child Care and Maintenance Rules 1997 Amendment) (Parental Orders) 2019 (S.S.I. 2019/147), paras. 1(2), 3(6)