Parents are under a responsibility to look after their children. They have the responsibility to:
- Safeguard and promote the child’s health, development and welfare;
- Provide direction and guidance to the child;
- If the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and
- Act as the child’s legal representative.
Parental rights are what allow you to meet those responsibilities. These rights are:
- To have the child living with you or otherwise to regulate the child’s residence;
- To control, direct or guide, in a manner appropriate to the stage of development of the child, the child’s upbringing;
- If the child is not living with you, to maintain personal relations and direct contact with the child on a regular basis; and
- To act as the child’s legal representative.
Who has Parental Responsibilities and Rights?
A mother automatically obtains Parental Responsibilities and Rights when they give birth to a child. However, not all fathers automatically receive them.
If your child was born in Scotland before 2006, both parents will be given Parental Responsibilities and Rights if they were married at the time of conception of the child or subsequently. Fathers named on birth certificates when the birth was registered on or after 4 May 2006 have full Parental Responsibilities and Rights.
A father who is not married to the child’s mother and who is it not named on the birth certificate will not have Parental Responsibilities and Rights for the child.
A father can obtain Parental Responsibilities and Rights by:
- Written agreement with the child’s mother, known as a Parental Responsibilities and Parental Rights Agreement (PRPRA)
- Court order
Adoptive parents will have Parental Responsibilities and Rights upon adoption through the legal process.
Other people can also obtain Parental Responsibilities and Rights such as step-parents, grandparents, uncles or aunts by applying for a court order.
Court Process
You can apply to the court to grant you Parental Responsibilities and Rights. The court will determine matters based on what is in the best interests of the child and whether it is better that an order is made than not made. The welfare of the child is the paramount consideration for the court.
A child can give their views on the matter and the court can take this into account, however, it will not be the deciding factor. The law says that young people over 12 can be old enough to have views about and begin to take responsibility for things that affect them. However, children under 12 should still be listened to.
Family Disputes
Parents with Parental Responsibilities and Rights have a duty to agree on the best way to look after their child. Where parents are unable to agree on key issues between them such as where the child should live or how often they should see the non-resident parent, they can apply to the court to make decisions. Again, the court will look at what is in the child’s best interests, not either of the parents.
Parents can also sort out disputes using family mediation. This process allows families to negotiate future arrangements for their child with the assistance of a neutral third party, namely, a mediator.
For more information on this and anything else in relation to family law please get in touch.
DISCLAIMER
The content of this page is for information only. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Gibson Kerr Ltd accepts no responsibility for the content of any third party website to which this webpage refers. Gibson Kerr Ltd is regulated by the Law Society of Scotland