-
Safeguarding a Child’s Property in Scotland
The Children’s (Scotland) Act 1995 (“Act”) doesn’t only deal with who looks after children and makes decisions about their welfare. It also covers what happens when a child owns, or is due to inherit property or money. Section 9 of the Act is designed to ensure that a child’s property is properly safeguarded and not…
-
Revocation and Termination of Guardian Appointments in Scotland
When parents appoint a guardian for their child under section 7 of the Children’s (Scotland) Act 1995 (“Act”), where circumstances change, parents or guardians may wish to revoke or alter such an appointment. Section 8 of the Act clarifies and reinforces Section 7 of the Act specifying the rules for revoking or terminating a guardianship…
-
Guardianship of Children in Scotland
Scottish law allows parents and guardians to formally appoint someone to take over that role. Section 7 of the Children’s (Scotland) Act 1995 sets out how parents and existing guardians can appoint a guardian for a child, and what rights and responsibilities that guardian will have. This article looks at how guardianship appointments work and…
-
Children’s Right to Be Heard in Scotland
Scottish law recognises that children are individuals with their own views, and those views deserve to be heard when important decisions are made about their lives. Section 6 of the Children’s (Scotland) Act 1995 sets out the duty of parents and carers to take account of a child’s wishes when exercising their parental responsibilities and…
-
Duties towards a child where there are no Parental Rights
Parents normally hold parental rights and responsibilities (PRRs) under the Children’s (Scotland) Act 1995 (“1995 Act”). But situations can arise where another adult, such as a grandparent, step-parent, or family friend looks after a child without having PRRs. Section 5 of the 1995 Act sets out the duties and limited powers of such adults. It…
-
Parental Rights for second female Parent in Scotland
The Children’s (Scotland) Act 1995 and the Human Fertilisation and Embryology Act 2008 (“2008 Act”) work together to define how and when a second female parent acquires parental rights and responsibilities (PRRs). Section 4A of the 1995 Act deals with second female parents. This section allows a child’s mother and her female partner to enter…
-
How an Unmarried Fathers Can obtain Parental Rights – Scotland
Not all fathers automatically have parental rights and responsibilities (PRRs) in Scotland. Under Section 3 of the Children’s (Scotland) Act 1995, only fathers who were married to (or in a civil partnership with) the mother of the child at the time of conception or fathers who were named on the child’s birth certificate (after 2006)…
-
Parental Rights and Responsibilities in Scotland – A Complete Guide
Scottish law is very clear that being a parent is not just about love and care but that parenting comes with legal responsibilities and rights. These are set out in the Children’s (Scotland) Act 1995, particularly in Section 1 (Parental Responsibilities) and Section 2 (Parental Rights). At XK Family Law Solicitors Aberdeen, we help parents…
-
Who Has Parental Rights and Responsibilities in Scotland?
In Scotland, parental responsibilities and parental rights (PRRs) are the legal duties and powers parents have in relation to their children. Sections 1 and 2 of the Children’s (Scotland) Act 1995 explain what PRRs are (duties like safeguarding a child, and rights like deciding where they live). But Section 3 of the above 1995 Act…
-
Parental Rights in Scotland – Explained
Section 2 of the Children’s (Scotland) Act 1995 sets out “parental rights”. These are the rights that parents have so they can properly fulfil their parental responsibilities (the other half of Parental Responsibilities and Rights). At XK Family Law Solicitors Aberdeen, we help parents understand what these rights mean in real life, and how the…
