Children

It is generally considered to be in a child’s best interests for both parents to be actively involved in their lives following separation or divorce, if possible.

The responsibilities and rights which parents have towards their children are regulated by the Children (Scotland) Act 1995 and, in most cases, persist until a child is 16 years old

Parental Responsibilities and Parental Rights (PRRs)

Parental Responsibilities include:

• safeguarding and promoting a child’s health, development and welfare
• providing the child with direction and guidance
• maintaining a personal relationship and having direct contact with the child if they do not stay with the parent, and
• to act as the child’s legal representative

To enable a parent to fulfil their Parental Responsibilities, the Parental Rights include:

• having a child stay with them and, if not, to regulate their residence
• to direct and guide the child’s development and upbringing
• if not living with them then the parent has the right to maintain personal relations and have direct contact, and
• to act as their legal representative.

A child’s mother has Parental Responsibilities and Rights in relation to her child automatically from birth. A child’s father will have Parental Responsibilities and Parental Rights if he was married to the child’s mother at the point of conception or subsequently, or if he is named on the child’s Birth Certificate. It is also possible for a father to acquire Parental Responsibilities and Parental Rights by way of a written Agreement with the child’s mother or by way of a Court Order.

In making any decision in relation to a child, the child’s welfare is the paramount consideration. Furthermore, any views expressed by the child should be considered, taking into account the child’s age and maturity.

Care arrangements

Parents must agree how the care of a child will be shared, whether through a shared residence arrangement or an arrangement whereby a child will reside primarily with one parent and will exercise contact with the other parent, to include direct contact, indirect contact, for example by telephone or message and the arrangements for the school holidays, Christmas, birthdays and other special occasions.

If parents can reach an agreement through private discussion or by way of negotiation or mediation, they may choose to record the arrangements in a minute of agreement.

Court orders relating to PRRs

Sometimes parents can‘t agree on the arrangements for their child, and a court order is required.

The court can make a variety of orders, but the main ones include orders for parental responsibilities and parental rights, residence, contact, interdicts (an order prohibiting someone from doing something) and specific issue orders, which can encompass a multitude of matters including, but not limited to, medical treatment, schooling, relocation and the name of a child.

Clearly, with such important matters at stake, legal advice is crucial, and our experienced family lawyers can help you navigate whichever route you want to pursue.