# Act of Sederunt (Child Care and Maintenance Rules) 1997, Rule 2.53: Procedure where child wishes to express a view

Extent: S

(1) Where a child to whom section 54(11) or 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)—
(a) may order such procedural steps to be taken as the sheriff considers appropriate to ascertain the views of that child; and
(b) 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.
(2) 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—
(a) be sealed in an envelope marked “Views of the child – confidential”;
(b) be available to a sheriff only;
(c) not be opened by any person other than a sheriff; and
(d) not form a borrowable part of the process.

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Source: https://www.legislation.gov.uk/uksi/1997/291/rule/2.53 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-child-care-and-maintenance-rules-1997/rule-2.53
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.