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Act of Sederunt (Child Care and Maintenance Rules) 1997

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Appointment of curator ad litem

2.16—(1) On the lodging of a minute under rule 2.15(1), the sheriff may appoint a curator ad litem who shall have regard to the welfare of the child as his paramount duty and shall further–

(a)investigate the facts contained in the minute;

(b)investigate the circumstances and care of the child with regard to the promotion of his welfare throughout his life; and

(c)ascertain from the child whether he wishes to express a view and where a child indicates his wish to express a view, ascertain that view,

and, subject to paragraph (2), shall report in writing thereon to the sheriff within 4 weeks from the date of the interlocutor appointing the curator, or within such other period as the sheriff in his discretion may allow.

(2) Subject to any order made by the sheriff under rule 2.17(1)(a), the views of the child ascertained in terms of paragraph (1)(c) may, if the curator ad litem considers appropriate, be conveyed to the sheriff orally.

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