|
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
|
Forum 
Scotland 
