Parental rights & responsibilities Scotland

When thinking about divorcing in Scotland, the welfare of your children should be of the utmost importance and you should consider the legal implications of divorce as they apply in Scotland.

In Scotland, a child is any person under the age of 16.

Parental rights and responsibilities (PRR's), as defined in the Children (Scotland) Act 1995, govern the relationship between parents and their children are designed to provide parents with legal rights which will allow them to carry out their responsibilities.

Who has parental rights & responsibilities?

Under the Family Law (Scotland) Act 2006, which brought in important changes to family law in Scotland, both a child's mother and father are given parental rights & responsibilities provided they have registered the child’s birth together. In that case, they have equal parental rights & responsibilities.

Unmarried fathers have parental rights and responsibilities, since May 2006, provided they are named on their child’s birth certificate. If a father does not have automatic parental rights and responsibilities, they can be gained either by agreement with the mother or by an application to a family law court in Scotland.

Other people, such as grandparents of the child can gain parental rights & responsibilities by applying to the relevant Scottish court in certain circumstances.

Contact our child law solicitors in Rutherglen & Glasgow

For expert legal advice on parental rights & responsibilities in respect of children or for any other family law issues, please contact our family lawyers based in Rutherglen and Glasgow  on 0141 647 9851 and ask for Susan or Esther or fill out our online enquiry form.