Part 3General considerations

F129ADuty to consider including contact direction

(1)

A children’s hearing must, when making, varying or continuing a compulsory supervision order in relation to a child, consider whether to include in the order a measure of the type mentioned in section 83(2)(g).

(2)

A sheriff must, when varying or continuing a compulsory supervision order in relation to a child, consider whether to include in the order a measure of the type mentioned in section 83(2)(g).

F2(3)

In considering whether to include a measure of the type mentioned in section 83(2)(g), the children's hearing or, as the case may be, the sheriff must in particular consider the inclusion of a measure regulating contact between the child and any person mentioned in subsection (4) with whom the child does not reside.

(4)

The persons referred to in subsection (3) are—

(a)

a relevant person in relation to the child,

(b)

a sibling of the child,

(c)

any other person with whom the child has resided and with whom the child has an ongoing relationship with the character of a relationship between siblings.

(5)

For the purposes of subsection (4), two people are siblings if they have at least one parent in common.