Parental rights and responsibilities are central to raising a child. Scottish law sets out clear rules about who holds these rights and what they involve.
Parents with legal responsibilities must safeguard their child’s wellbeing, guide them as they grow and maintain personal relations with them where possible.
The mother of a child automatically has parental rights and responsibilities. Fathers obtain them if married to the mother at the time of birth or if their name appears on the birth certificate for children registered after 4 May 2006.
Individuals without automatic rights may obtain them through an agreement with the other parent or by applying to the sheriff court.
When parents cannot agree about important decisions such as where the child lives or schooling arrangements, the court may intervene using Section 11 orders under the Children (Scotland) Act 1995.
Parental rights and responsibilities exist to support the wellbeing of the child. When disputes arise, early legal advice can help parents find solutions that protect both the child and their role in the child’s life.