The Law states that a parent has certain responsibilities and rights towards their child.
These are:
§
To safeguard and promote the child’s
welfare and encourage their growth;
§
To make decisions on the child’s
upbringing and provide direction appropriate for the child’s age and personal development;
§
To have regular personal contact
with their child, even if their child is not living with them;
§
To decide where the child lives;
§
To act as their child’s
legal representative until they are 16 years old;
§
To provide guidance to their child
until they are 18 years old.
Who
Has Parental Responsibilities and Rights?
Mother
By giving birth to a child, a mother automatically has parental responsibilties and rights, unless they
have been removed by a court order.
Father
Child registered before the 4th May 2006
The father will only have these rights automatically
if he was married to the mother at pregnancy, on the birth of the child, or after the birth.
If he does not meet any of these conditions, then he will have to apply to a court to be granted parental responsibilities
and rights.
Father
Child registered on or before 4th May 2006
If the father is named on the birth certificate, then he will automatically
have parental responsibilities and rights, regardless of the marital status of the parents.
Stepparents
A stepparent does not automatically gain parental responsibilities
and rights towards a child when they marry or enter into a civil partnership with the child’s parent. To gain PRR’s they have to make an application to a court.
However, if the stepparent looks after the child, even on a temporary basis, they are expected by law to ‘safeguard
the child’s health, development and welfare’.
Without parental responsibilities and rights, a stepparent cannot
make important decisions about a stepchild’s life, such as their education or religion.
This also means that a stepparent cannot usually consent to medical or dental treatment. The stepparent can only consent if a parent is unavailable and if the child cannot give consent on their
own, and if they feel that the parent would agree to the treatment.
There are three ways that a stepparent can acquire parental
responsibilities and rights towards their stepchild:
§
By adopting their stepchild
§
By making an application to a Court as a person who ‘claims
an interest’ to the child. Other applicants may include grandparents, aunts
and uncles. A parent who already has responsibilities and rights will not lose
them because they have been granted to someone else;
§
By being appointed guardian to
care for the child if
their natural parent dies.
The Parenting Agreement - a new provision connected with the Family Law (Scotland) Act
2006
Although the position of stepparents remains unchanged under the new Family Law (Scotland) Act 2006 the
Scottish Executive have also introduced some non-legislative initiatives to help families. One of these is the Parenting Agreement
which can be used by stepparents. It is a non- binding agreement intended to be used by families to sort out arrangements
for their children when the family separates. It comes with a guide which contains a lot of useful information that parents
should take into account when deciding what is best for their children.
If you would like more information on Parental Responsibilties and Rights you
can download our free leaflet from the 'Publications' section on this website.
If you are concerned about your rights, you may need to seek legal advice. To find
a solicitor experienced in family law click on the 'Law Society' link below, or contact a local Citizen's Advice Bureau.
To find your local CAB, click on the link below.
Citizens Advice Bureau
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