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Parental Responsibilites and Rights - Scotland

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9 years 10 months ago #220576 by rubytuesday
Below are a selection of the commonly asked questions regarding Parental Responsibilities.

Please note these apply to Scotland only.

What are Parental Responsibilities and Rights?
[1]A parent has the the following responsibilities to child -
(1) to safeguard and promote the child's health, development and welfare;
(2) to provide direction and guidance to the child in a manner appropriate the the stage of the child's development;
930 if the child is not living with the parent, to maintain personal relations and direct contact with the child on a regular basis; and
(4) to act as the child's legal representative.

In order to fulfil these responsibilities, a parent has the following rights:
(1) to have the child living with the parent or otherwise to regulate the child's residence
(2) to control, direct or guide the child's upbringing in a manner appropriate to the child's stage of development
(3) if the child doesn't not live with the parent, to maintain personal relations and direct contact with the child on a regular basis; and
(4) to act as the child's legal representative.

Parental rights end when a child reaches 16. Parental Responsibilities end at that age, except the responsibility to give a child guidance which lasts until a young person reaches 18.



Who has Parental Responsibilities and Rights?

A child's mother automatically has PRRs in relation to her child. Marital status and age are irrelevant.

A father automatically obtains PRRs in two situations -

1, where he was/is married to the child's mother at the date of conception or any time thereafter

2 - Where the father has not married the child's mother he will automatically obtain PRRs if he is registered as the child's father. This rule only applies on or after 4th May 2006, which is when the Family Law (Scotland) 2006 came into force.
Unmarried fathers registered prior to this date do not obtain automatic PRRs. However, PRRS can be obtained either by way of a formal agreement with the mother
or by making an application to the sheriff court or Court of Session under s 11 of the Children (Scotland) Act 1995
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