Sheriff Courts (Scotland) Act 1907

Views of the child – the sheriff’s role S

[F1 33.19D. (1) In a family action, in relation to any matter affecting a child, where that child has—

(a) returned a Form F9 to the sheriff clerk; or

(b) otherwise indicated to the court a wish to express views,

the sheriff must not grant any order unless an opportunity has been given for the views of that child to be obtained or heard.

(2) Where the sheriff is considering making an interim section 11 order before the views of the child have been obtained or heard, the sheriff must consider whether, and if so how, to seek the child’s views in advance of making the order.

(3) Where a child has indicated a wish to express views, the sheriff must order any steps to be taken that the sheriff considers appropriate to obtain or hear the views of that child.

(4) The sheriff must not grant an order in a family action, in relation to any matter affecting a child who has expressed views, unless the sheriff has given due weight to the views expressed by that child, having regard to the child’s age and maturity.

(5) In any action in which a section 11 order is sought, where Form F9 has not been sent to the child concerned or where it has been sent but the sheriff considers that the passage of time requires it to be sent again, the sheriff may at any time order either party to—

(a) send the Form F9 to that child within a specified timescale;

(b) on the same day, lodge—

(i) a copy of the Form F9 that was sent to the child;

(ii) a certificate of intimation in Form F9B.]

Textual Amendments

F1 Sch. 1 rules 33.19-33.19D substituted for Sch. 1 rule 33.19 (24.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Views of the Child) 2019 (S.S.I. 2019/123), paras. 1(2), 3(5) (with para. 4)