Family & Matrimonial
Children
Who has parental rights and responsibilities?
Parental rights and responsibilities, which are set out in the Children (Scotland) Act 1995, are explained below. Married couples have equal parental rights and responsibilities. Under the Family Law (Scotland) Act 2006, which came into force on 4 May 2006, unmarried fathers who jointly register the birth of a child with the child’s mother, share parental rights and responsibilities with the mother. This puts unmarried fathers who jointly register the birth in the same position as married fathers. This is not retrospective, which means it only applies to births registered after 4 May 2006.
Who is a child?
A child is a person under 16 years of age, generally speaking, but in certain circumstances under 18 years.
What are parental responsibilities and rights?
Parental responsibilities are what parents are expected to do. Parental rights are what parents are allowed to do. Rights and responsibilities continue until the child reaches 16 years, except for the right to provide guidance, which continues until the child reaches 18.
Parental responsibilities
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To safeguard and promote the child’s health, development and welfare. Parents are expected to look after their children, to help them.
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To provide direction and guidance in a manner appropriate to the stage of development of the child. Parents are expected to say how a child should be brought up until they are 16. Between 16 and 18 parents are expected to advise a child, to enable them to make good decisions.
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If the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis. Parents are expected to stay in touch and be involved with their children if they are not living with them.
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To act as the child’s legal representative. Parents are expected to take the child’s place as their representative in anything which is complicated, until they are 16.
Parental rights
- To have the child living with them or otherwise to regulate the child’s residence until the child is 16.
- To control, direct or guide the child’s upbringing in a manner appropriate to the stage of development of the child. Parents are allowed to say how their children should be brought up until they are 16.
- If the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis.
- To act as the child’s legal representatives.
Reaching agreement about children
Child welfare hearings
- To have the child living with them or otherwise to regulate the child’s residence until the child is 16.
- To control, direct or guide the child’s upbringing in a manner appropriate to the stage of development of the child. Parents are allowed to say how their children should be brought up until they are 16.
- If the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis.
- To act as the child’s legal representatives.