Family and Divorce Solicitors serving Inverness and the Highlands, Scotland
Safeguard your closest relationships through the expert legal advice of Innes & Mackay family solicitors
Under the law, there are certain things parents are expected to do when bringing up their children. These are known as parental responsibilities.
Parental rights and parental responsibilities are not two sets of rules but instead, work together to produce the best results for families, and most importantly, the best results for your children.
Who has Parental Responsibilities and Rights (PRRs), Scotland?
When a mother and a father register the child’s birth together, they are both given PRR’s under the law.
This means that both parent’s names appear on the child’s birth certificate.
However, if your children were born in Scotland before the introduction of the Family Law (Scotland) Act 2006, both parents will only be given PRR’s where the parents were married.
If the parents aren’t married, only the mother is given PRR’s. However a father can still get PRR’s by:
- marrying the mother
- completing a Parental Responsibilities and Parental Rights Agreement (PRPRA) with the agreement of the mother.
- asking the court for PRR’s.
Other people can also go to court to seek PRR’s, including step-parents, aunts, uncles and grandparents.
The court will always make their decision about PRR’s depending on what is best for the child.
The child may be given the opportunity to express their view on the matter, and the court will take this into account.
Parental Responsibilities, Scotland
Parents are under a responsibility to look after their children. This means they must:
- care for them
- help them in living healthy lives
- nurture their growth, welfare and development
- look after them when they are ill
- ensure they go to school or are given other suitable education
- ensure they are allowed to develop to their full potential.
Anything involving the law should be taken care of by you on behalf of your children. This includes speaking to lawyers on their behalf if they are not old enough or if they would like you to do so.
Parental Rights, Scotland
To aid you in your responsibilities as a parent, you have certain rights.
You have the right to:
- live with your child, or decide where they live
- have a say in how your children are brought up
- be in charge of determining what they can do and what they cannot do up until the age of 16 years
- advising and guiding them until they are 18.
Your parental rights may continue until your children are 25 if they are in full-time education or training.
When You Don’t Live With Your Child
Where you’re not living with your children, you have the responsibility and the right to stay in touch with them, and be involved in their life.
You should have a relationship with your children that is beneficial for them.
You also have the responsibility and the right to act for your children in legal proceedings.
Specialist Divorce & Family Law Solicitors Inverness, Highlands, Scotland
Innes & Mackay have been providing expert legal advice for many years on all aspects of family law. We’re experienced in litigation and all methods of alternative dispute resolution.
One of our expert family law solicitors is trained in Collaborative Family Law and they are also a mediator.
We pride ourselves on offering legal advice that reflects our client’s needs and take an objective approach to delivering a professional and friendly service.