CHAPTER 2 ADOPTION OF CHILDREN

PART V PARENTAL RESPONSIBILITIES ORDERS

Procedure where child wishes to express a view2

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.