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 rights (PRRs), or when caring for a child as discussed under Section 5 here.

The Duty to Consider a Child’s Views

Section 6(1) states that whenever a parent, guardian, or person caring for a child makes a major decision about the child, they must, so far as practicable, consider the child’s views if the child wishes to express them.

Examples of “major decisions” include:

• Determining where the child will live.
• Making choices about education.
• Consenting to medical treatment.
• Deciding matters of religious upbringing.

The law requires that the weight given to a child’s views should depend on the child’s age and maturity. The older the child, the more weight their opinion should be given. If you are raising a s.11 action (child welfare action) then lodging a form F9 (seeking the child’s opinion) with the court is mandatory at the time of raising the action.

The Presumption at Age 12

The 1995 Act creates an important presumption: once a child reaches the age of 12 or over, they are presumed capable of forming a view. This does not mean that younger children cannot express valid views – it simply means that from age 12 onwards, the law assumes they are sufficiently mature, unless proven otherwise.

This reflects the broader approach in Scots law, where 12 is also the age at which a child can:

• Instruct their own solicitor in family law matters.
• Make an application to the court themselves in certain circumstances.

The Role of Other Parents or Guardians

Section 6 also requires that the views of any other person with PRRs be taken into account, if they wish to express them. For example, where both parents share PRRs, each should be consulted before a major decision is made.

Third Parties Acting in Good Faith

Section 6(2) protects third parties who deal with a child’s legal representative. For instance, if a parent signs a contract on behalf of a child, a third party who enters into that contract in good faith cannot later be challenged simply because the child (or another parent with PRRs) was not consulted first. Entering a child into a binding agreement may require a court Order.

Why Section 6 Matters

Section 6 reinforces the principle that children are active participants in decisions affecting them, not passive subjects. Parents and carers are encouraged – and legally required – to listen to a child’s voice. The presumption at age 12 gives children a clear legal recognition of their maturity, while still leaving room for younger children’s views to be considered where appropriate.

This approach is consistent with modern family law, where the child’s welfare is the paramount consideration and their views are a key factor in achieving that.

Conclusion

Section 6 of the Children’s (Scotland) Act 1995 places a duty on parents, carers, and guardians to take account of a child’s views when making major decisions. From the age of 12, children are presumed capable of forming their own views, though younger children should still be heard if they are mature enough.

This section ensures that Scottish law reflects children’s rights, balances parental authority with the child’s voice, and provides clarity for third parties dealing with legal representatives.

If you are a parent or guardian facing decisions about your child’s welfare, or if you are unsure about how your child’s views should be taken into account, XK Family Law Solicitors Aberdeen can provide clear advice and guidance tailored to your situation.

Ready to discuss your case?

Search XK

Search

_{^{Our website articles are not legal advice. We accept no responsibility for use of this information}}.
_{^{For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly}}.