A Guide to Parental Rights and Responsibilities in Scotland

Scots Family law recognises a set of statutory Parental Responsibilities and Rights (known as PRRs). It is not always clear who has the right to make decisions regarding a child, particularly after a separation. The Family Law (Scotland) Act 2006 sets out clear framework to ensure understanding and clarity of PRRs.

It is important to have an understanding of these Responsibilities and Rights. Parental Rights exist in order to allow the fulfilment of parental responsibilities. Without the responsibility, there is no need for the right.

Who is a Legal Parent?

The law recognises the legal mother as the person who gives birth to the child, regardless of genetic status. This is relatively clear. The challenge arises when it comes to identifying a legal father. The law recognises a legal father as the individual who is married or in a civil partnership with the legal mother at the time of birth. In this case, the father would have immediate legal rights to the child. In the case where the mother and father are unmarried, registration is required to acquire legal rights. This means the father must be registered on the birth certificate of the child, requiring consent of both parties. He will acquire rights at the point of registration.

Legal parentage facilitates the exercise of parental responsibilities and rights over a child. These are key to ensuring the welfare of the child is protected.

Your Parental Responsibilities

There are four statutory parental responsibilities that come from the Children (Scotland) Act 1995. These are as follows:

  1. To safeguard and promote the child’s health, development and welfare.
  2. To provide direction and guidance which is consistent with the stage of development of the child.
  3. To maintain contact with the child on a regular basis if you do not have residential custody.
  4. To act as the child’s legal representative.

This Act clarifies that a child is categorised as a person under the age of 16. At the time the child turns 16, the only responsibility which continues is the responsibility to give guidance consistent with the stage of development of the child.

Your Parental Rights

The aforementioned act also sets out the Parental Rights which facilitate the exercise of parental responsibilities. These are as follows:

  1. To have the child living with you or otherwise to regulate the child’s residence.
  2. To control, direct or guide the child’s upbringing, taking consideration of the child’s stage of development.
  3. To maintain personal relations and direct contact on a regular basis if you do not have residential custody.
  4. To act as the child’s legal representative.

From this it can be seen that parental responsibilities coincide with specific parental rights. These rights meet an end point when the child turns 16. At this point, they are no longer considered a child for the purposes of this Act.

How We Can Help

At Clarity Simplicity we have an experienced Family Law Team who are available to provide expert knowledge on a variety of issues. In situations such as separation, it can be stressful deciding on residence or contact with your child. Residence and regular contact with a child form an important component of Parental Responsibilities and Rights. Where this is challenged, we can assist with Residence Orders, Contact Agreements and Separation Agreements. Our dedicated Family Law Team are on hand to guide you through the process.