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Act of Sederunt (Child Care and Maintenance Rules) 1997

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Procedure where child wishes to express a view

2.41—(1) Where a child has indicated his wish to express his views the sheriff, without prejudice to rule 2.40(2)(c)–

(a)may order such procedural steps to be taken as he considers appropriate to ascertain the views of that child; and

(b)shall not make a parental responsibilities order 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 2.40(2)(c), have been recorded in writing, the sheriff may direct that such a written record shall–

(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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